ROOM Protection Plan
Terms and Conditions
Effective date: September, 2020
Welcome to the ROOM Protection Plan Terms and Conditions (the “Protection Plan Terms”). These Protection Plan Terms govern the extended warranty product and plan offered by Phonebooths, Inc. (“ROOM”, “we”, “our”, or “us”) for Units (ROOM phone booth and meeting room products, herein referred to as “Units”) that you have purchased (the “Protection Plan”). If you have any questions about the Protection Plan, please contact us at email@example.com.
The Protection Plan Terms are subject to and incorporate the ROOM Terms and Conditions (the “Terms”) located at https://room.com/pages/terms-and-conditions. All terms not defined herein will have the meanings set forth in the Terms. In the event of any conflict or inconsistency between these Protection Plan Terms and the Terms, the Protection Plan Terms will govern.
You must comply with all of the requirements and conditions in these Protection Plan Terms in order for the Protection Plan to apply to any losses and damages incurred by you with respect to your Unit. Please carefully review the sections entitled “What is covered under the Protection Plan?” and “What is not covered under the Protection Plan?” below so that you may identify and protect your Unit(s) against any losses or damages not covered by the Protection Plan.
What Is the Protection Plan and What Is Included?
In addition to our standard limited warranty which we provide at no charge, we offer this Protection Plan which offers potential protection for covered losses and damages up to two (2) times per calendar year to users who have purchased a subscription to the Protection Plan. The Protection Plan is not insurance, and if you desire protection beyond the Protection Plan, we encourage you to purchase insurance as the Protection Plan does not take the place of insurance obtained or obtainable by you (including but not limited to any commercial property insurance). Pursuant to the Protection Plan, ROOM agrees to provide certain repair and replacement services to a Unit that is damaged or destroyed as a result of a Covered Loss (as defined below), subject to the limitations, exclusions and conditions set forth below in these Protection Plan Terms.
For how long is the Protection Plan valid?
The Protection Plan is valid from the date of purchase of your ROOM Protection Plan subscription for a one (1) year term, which will automatically renew for additional one (1) year terms for as long as you maintain your ROOM Protection Plan subscription, unless you decide to terminate your ROOM Protection Plan subscription.
How much does the Protection Plan cost?
You agree to pay annually in advance the amount that is specified in the Protection Plan for each Unit that is covered by a Protection Plan. This means, for example, that if you elect to subscribe to the Protection Plan for four (4) of our Units to which the Protection Plan applies, you agree to pay ROOM an amount equal to the aggregate total, per year, of the amounts specified in each Protection Plan applicable to each of the four (4) Units.
What is covered under the Protection Plan?
The Protection Plan covers direct, unintentional physical loss or physical damage to a Unit covered by the Protection Plan, that is a direct result of the following, assuming normal use and care of the Unit in accordance with all instructions, guidelines and recommendations provided by ROOM with respect to use of the Unit (“Covered Losses”):
For Phone Booths:
- Spillage on fabric, scratches or breakage of hard surface (i.e. wood, plexiglass), excluding any metal components, that are over ½-inch in length and noticeable from at least two feet away;
- Wear, tear and pillage of the wall and floor fabrics that are over ½-inch in length and noticeable from at least two feet away;
- Loss of functionality over time of the ventilation components, including fans and air-vents;
- Warping of cosmetic wall over time;
- Damage to exposed and concealed electrical components and outlets; and
- Damage caused by cleaning methods or cleaning materials specified in the care package or instructions accompanying delivery of each Phone Booth;
For Rooms, including the Meeting Room, Open Meeting Room and Focus Room:
- Spillage on fabric, scratches or breakage of hard surface (i.e. wood, linoleum, plexiglass, acrylic), excluding any metal or glass components, that are over ½ inch in length and noticeable from at least two feet away;
- Wear, tear and pillage of the sofa, wall fabrics, and carpet that are over ½-inch in length and noticeable from at least two feet away;
- Loss of sofa cushion resistance;
- Loss of functionality over time of the ventilation components, including fans and air-vents;
- Warping of cosmetic wall over time;
- Damage to exposed and concealed electrical components and outlets;
- Repair or replacement of electronic components for the Pro Rooms, including the camera, monitor and wireless chargers;
- Replacement of a broken cable net for the Pro Rooms; and
- Damage caused by cleaning methods or cleaning materials specified in the care package or instructions accompanying delivery of each Room;
Except where prohibited by applicable law, the Protection Plan is non-transferable and is limited to the original purchaser and the jurisdiction in which the Unit to which the Protection Plan applies was purchased.
What is not covered under the Protection Plan?
The Protection Plan only applies to Covered Losses and does not apply to any situations and instances, as well as other losses or damage resulting, directly or indirectly, from situations and instances, including but not limited to the following (“Excluded Losses”):
- Refurbishment or upgrade of any components of a Unit in an attempt to renew the unit;
- Damage to, or to the Unit from usage of, any non-ROOM branded hardware or software components that are not packaged or sold with ROOM branded Units;
- Exceptions: Non-ROOM branded hardware or software components that are packaged and sold with ROOM branded Units are covered under the Protection Plan, but only upon expiration of the respective third party supplier’s warranty for each such component, and include the following: Dell monitors, Jabra PanaCast 180-degree cameras, Legrand Sensaswitch, and Panasonic EKMC1691113 sensor
- Requests for recovery and/or reinstallation of software programs, data and information not originally part of a Unit;
- Placement in an inappropriate environment (outdoors, bathrooms, homes), including those expressly prohibited by the care package and instructions accompanying delivery of each Unit;
- Damage caused by the application of topical treatments or cleaning methods outside of those specified in the care package and instructions accompanying delivery of each Unit;
- Secondary and/or collateral damage;
- Excessive use of electricity or other utilities provided beyond the suggested usage guidelines provided in the care package and instructions accompanying delivery of each Unit;
- Lack of electricity, telephone, internet, or other services due to external factors;
- Damage caused by transit, delivery, redelivery, and/or post-delivery moving performed by an unauthorized person(s);
- Damage caused by the dis-assembly and reassembly by an unauthorized person(s);
- Damage caused by the intentional act, or willful misconduct, of any person (whether or not affiliated with the user);
- Damage to, or to the Unit from the usage of, any USB, HDMI, or other cable components
- Discretionary alteration and repair by users not required for normal functionality of the Unit;
- Inherent design variation including natural inconsistencies in the material used for the Unit components (i.e. wood grains, wood stains, fabric weaving, bubbles in glass/plexiglass) or other latent defect;
- Pre-owned or rental Units;
- Acts of nature, including but not limited to fire, flood, water damage, hurricanes, tornados, windstorm, hail, earthquake, smoke, or other heat sources, as well as exposure to the cold, theft, negligence, riot, vandalism, graffiti (drawing) or any other peril;
- Acts of God, any hostile act or act of war, terrorism, insurrection or rebellion, special, indirect, incidental, or consequential damages whether in contract, tort, or negligence;
- Crushing of any type caused by loads exceeding each respective component’s load-bearing capacity (as stated in the usage guidelines provided in the care package and instructions provided with each Unit) leading to breakage of structural components; or
- Units outside of the contiguous United States of America and the District of Columbia, excluding Alaska and Hawaii.
What Are My Responsibilities?
Generally, before providing warranty service under the Protection Plan, we (or our agents) will require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues, and follow our procedures for obtaining warranty service (as described below). You must have used best efforts to inform us of the Covered Loss as soon as possible after discovery of any physical loss or damage to your Unit. Following warranty service, you will be responsible for adding any parts to your Unit.
What is the procedure for submitting a claim for a Covered Loss under the Protection Plan?
You may submit a request for a Covered Loss by completing and submitting the Repair Request Form (the “Service Request Form”) available through the customer portal at https://www.room-portal.app/service (each such request, a “Service Request”). We will process and review the Service Request(s) and inform you of our approval or rejection of such Service Request(s) within a reasonable time period following the date you have: (a) completed and submitted the applicable Service Request Form; and (b) provided us with all other information and materials that you are required to provide to comply with the conditions set forth in the applicable Service Request Form. In any event, we will use commercially reasonable efforts to complete processing of your Service Request within six(6) weeks after our receipt of such documents and information; provided that if such Service Request relates to any non-ROOM branded electrical component that is covered by ROOM under the Protection Plan, the total time spent on processing such Service Request will be contingent on the respective supplier’s turnaround time with respect to the covered electrical component. Our decision to accept or reject a Service Request will be made in our sole and absolute discretion, and will be final and binding.
The duration of the processing and review period of any Service Request that you submit will depend on factors that include but are not limited to: (a) the nature of the Covered Losses associated with the Unit in question; (b) whether your Service Request is covered by the standard limited warranty or may only be covered by the extended warranty under the Protection Plan; (c) whether you have subscribed to the Protection Plan and are therefore eligible to receive coverage under the Protection Plan for the type of Covered Losses included in your Service Request; (d) the completeness and type of documentation and information that you provide to ROOM regarding the Covered Losses; and (e) the number of Service Requests that are currently being processed for other customers.
ROOM will examine the Unit and decide, at its sole discretion, if it is covered under the Protection Plan. If considered covered and we approve your Service Request for a Covered Loss (any such approved Service Request, an “Approved Service Request”), then we will notify you of such approval. ROOM will pay the costs of repairs, spare parts, labor, and travel for repair staff that ROOM incurs with respect to an Approved Service Request, provided that the Unit or part thereof is accessible for repair without special expenditure. This does not apply to any repair work not authorized by ROOM. ROOM retains all right, title and ownership over any and all replaced parts used in repair work that is covered by the Protection Plan. If the item is no longer sold by ROOM, ROOM will provide an appropriate replacement. It is ROOM that determines, at its sole discretion, what constitutes an appropriate replacement for a Unit. We may use third party service providers to assist in the processing of the Service Request Forms and we or our designees may use third party service providers to assist in the investigation of Service Requests relating thereto.
The Protection Plan is not an insurance policy. To the extent you desire protection beyond the Protection Plan, we strongly encourage you to purchase insurance that will cover you and your Unit for losses that are not within the terms of the Protection Plan.
Acknowledgments and Agreements by You
You acknowledge and agree that:
- You will use best efforts to communicate with us as soon as possible after you discover any potential Covered Loss to your Unit. You may fulfill this obligation by completing and submitting the Repair Request Form available through the customer portal at https://www.room-portal.app/service.
- We will honor our obligations to you under the Protection Plan for Covered Losses. Your ability to use the Protection Plan is dependent upon you pursuing any rights or remedies you may have to receive warranty services by means of a Service Request.
- These Protection Plan Terms are not intended to constitute an offer to insure, do not constitute insurance or an insurance contract, and do not take the place of insurance obtained or obtainable by you. Furthermore, these Protection Plan Terms are not an insurance service agreement as defined in a standard commercial property insurance policy, and if you desire protection beyond the Protection Plan, we encourage you to purchase insurance as the Protection Plan does not take the place of insurance obtained or obtainable by you.
- The benefits provided under these Protection Plan Terms are not assignable or transferable by you, including without limitation any transfer or assignment by operation of law.
- We reserve the right to independently investigate (or to have independently investigated) at our sole discretion and expense, the facts and circumstances of a request set forth in any Service Request that you file with us, notwithstanding your delivery of all information and materials that you are required to provide us in order to comply with the conditions set forth in the section entitled “What are My Responsibilities?”.
Modification or Termination of Protection Plan Terms
If we terminate these Protection Plan Terms, we will provide you with notice by email at least thirty (30) days before such termination. We will continue to process all Service Requests that you filed prior to the effective date of termination (unless such processing is prohibited by law, regulation, ordinance, order, or decree of any governmental or other authority), but your right to file any new Service Requests will immediately terminate.
If we modify these Protection Plan Terms, we will post the modification on our website. We will continue to process all Service Requests that you filed prior to the effective date of the modification, unless such processing is prohibited by law, regulation, ordinance, order, or decree of any governmental or other authority.
To the extent permissible by applicable law in your jurisdiction, we reserve the right to modify or terminate these Protection Plan Terms generally or in any jurisdiction, at any time, in our sole discretion, if: (a) these Protection Plan Terms are construed to be an offer to insure or constitute insurance or an insurance contract or insurance service agreement by any governmental or regulatory authority in any jurisdiction; (b) we are required to obtain a license or permit of any kind to continue to provide these Protection Plan Terms in any jurisdiction; or (c) we determine or a court or arbitrator holds that the provisions of these Protection Plan Terms violate applicable law.
Disclaimers and Limitations of Liability
You agree and understand that, in addition to the terms of this Section, the provisions containing the warranty disclaimer and relating to limitation of liability in Section 12 of the Terms also apply to the Protection Plan.
In no event will ROOM’s aggregate liability arising out of or in connection with any claims relating to: (a) these Protection Plan Terms; (b) the Terms; or (c) your use of or inability to use the Services exceed the greater of: (i) one-hundred ($100) U.S. Dollars or (ii) the amounts paid by you to ROOM in connection with the Protection Plan in the twelve (12) month period preceding the applicable claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between ROOM and you. Some jurisdictions do not allow the exclusion for certain limitations of liability, so the above limitations may not apply to you.
Dispute Resolution and Arbitration Agreement
You agree and understand that the provisions relating to dispute resolution and arbitration in Sections 12(f) and 12(g) of the Terms also apply to, and are hereby incorporated by reference into, these Protection Plan Terms.
You agree and understand that the provisions relating to indemnification, the warranty disclaimer, and other provisions in Section 12 of the Terms also apply to, and are hereby incorporated by reference into, these Protection Plan Terms.