SERVICE PROTECTION PLAN ADDENDUM
PLEASE READ THIS DOCUMENT AND YOUR WORK ORDER AND CONSENT TO SUBSCRIBER AGREEMENT CAREFULLY. TOGETHER THEY FORM AN “ADDENDUM” TO THE RESIDENTIAL SERVICES SUBSCRIBER AGREEMENT THAT GOVERNS YOUR USE OF TIME WARNER CABLE’S SERVICES.
By signing the Work Order and Consent to Subscriber Agreement, you accept (in other words, make legally binding) our Customer Agreements, including the Addendum, and confirm that, by doing so, you are not violating the terms of any agreement you may have with another provider of services.
THE RESIDENTIAL SERVICES SUBSCRIBER AGREEMENT CONTAINS A BINDING “ARBITRATION CLAUSE,” WHICH SAYS THAT YOU AND TWC AGREE TO RESOLVE CERTAIN DISPUTES THROUGH ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF THIS PART OF THE RESIDENTIAL SERVICES SUBSCRIBER AGREEMENT.
IF YOU AGREED TO PURCHASE THE SERVICE PROTECTION PLAN WHILE MEETING WITH A TWC SALES REPRESENTATIVE, YOU MAY CANCEL THAT AGREEMENT PRIOR TO MIDNIGHT ON THE THIRD BUSINESS DAY AFTER THE DATE OF THE AGREEMENT. YOUR TWC REPRESENTATIVE WILL PROVIDE YOU WITH A FORM EXPLAINING HOW YOU CAN CANCEL THE AGREEMENT AND THE LAST DATE ON WHICH YOU CAN DO SO.
As a Time Warner Cable Inc. (“TWC”) customer, you may subscribe to the Service Protection Plan. The Service Protection Plan enables you to have access to TWC technicians who identify and resolve issues related to a TWC product or service.
Subscribing to the Service Protection Plan is optional. Unless you are a SignatureHome® customer, enrollment is not automatic, and features and benefits of the Service Protection Plan are not included with your other TWC services.
To subscribe to the Service Protection Plan, you must sign the form presented to you. If you enroll, the charges for the Service Protection Plan will appear on your monthly TWC bill. If you do not enroll, you will still be able to continue to receive other TWC products and services.
Terms and Conditions
Eligibility, Effective Date, and Transfer
The Service Protection Plan is available to any current residential customer who purchases TWC video, high-speed data (“HSD”), Phone, and/or IntelligentHome Home Management services from TWC (“Customer”).
The Service Protection Plan is effective upon you signing the “Work Order and Consent to Subscriber Agreement.”
You may not transfer or assign the Service Protection Plan to any other person or entity.
Description of the Service Protection Plan
Subject to the terms of this Addendum, the Service Protection Plan covers the following:
- the service visit charge that otherwise might apply for a service visit made by a TWC representative to your home to identify and/or address certain product or service-related issues;
- identifying the source of issue(s) originating from
o jumpers (coaxial cables, composite cables, HDMI cables, twisted pair, and networking cables between two pieces of customer-owned equipment), and splitters, wiring, and/or cabling, that consist of materials that were not supplied by or installed by a representative of TWC but that are used to access a TWC product or service, subject to the Exclusions set forth below (the “Covered Wiring/Cabling”); or
o customer-owned equipment. Note that the Service Protection plan covers the service visit charge for any visit resulting from an issue with customer-owned equipment, but does not cover the repair or maintenance of customer-owned equipment itself.
- After the source of the issue is identified, making any necessary repairs to the TWC network, TWC-installed equipment, and/or Covered Wiring/Cabling; and
- To the extent the issue is caused by your failure to understand how to use the TWC-installed equipment or TWC-provided service, reasonable instruction in such use.
The Service Protection Plan does not cover:
- Installations, moves or configuration of Internet or outlets or telephone jacks;
- Service visits related to failed self-installations or installations by third parties not authorized by TWC;
- Damage to or loss of equipment whether provided by TWC or a third party, including converters, remote controls, and/or remote control battery replacements;
- Repair, maintenance, or replacement of customer-owned equipment (e.g., TV, DVD player, video gaming system(s), surround sound, facsimile machine, scanner, printer, external device(s), telephone(s), wireless networking equipment, personal computer(s) and peripherals, etc.);
- Repair, maintenance, or replacement of inside wiring used to deliver any of the following services: (i) non-standard telephone systems such as PBX or fixed-wireless services; (ii) video or data services delivered by Direct Broadcast Satellite provider(s), fixed-wireless provider(s), and/or other provider(s); (iii) Digital Subscriber Line (“DSL”) service or similar high-speed data or video services provided by a Local Exchange Carrier; (iv) complex wiring or structured wiring panels commonly found in “Smart Homes”;
- Repair, maintenance, or replacement of wiring or cabling within a wall (i.e., wiring or cabling that is wall-fished);
- Repair, maintenance, or replacement required as a result of deliberate damage or flood, earthquake, hurricane, acts of nature, acts of war, fire, vandalism, gross negligence, willful damage, or other casualty.
Service Protection Plan (monthly fee applies)
Additional fees may apply for work performed that is not covered by the Service Protection Plan. If the repair, maintenance, or replacement required to resolve the issue is not covered under the Service Protection Plan or any other binding agreement with TWC (e.g., residential community agreement with TWC), you may: (i) make arrangements for the repair that do not involve TWC; or (ii) have TWC perform the repair at its standard billing rate and in accordance to industry standards, as applicable.
You shall pay all fees for the Service Protection Plan, as well as all associated taxes and fees, including late payment charges and interest, as stated on your monthly TWC bill.
Initiating a Service Call; Contact Information
To schedule a service call from TWC call TWC toll free at 611 or 1-866-892-7201, 24 hours per day, seven days per week. Please send written correspondence to 3347 Platt Springs Road, West Columbia, SC 29170.
Obligations of TWC under this Addendum are backed by the full faith and credit of TWC located at 3347 Platt Springs Road, West Columbia, SC 29170. You have the right to void or cancel the Service Protection Plan by returning the this Addendum or providing written notification to TWC within twenty (20) days of the date that the Addendum was mailed to you, or within ten (10) days if you took delivery of the Addendum in person at the time of sale. Upon return of the Addendum or written notification of cancellation to TWC, if such delivery occurs within the applicable time period identified above and if no claim has been made pursuant to the Service Protection Plan prior to such return, TWC will refund or credit to your account any amounts that have been paid pursuant to the Service Protection Plan and TWC will have no further obligations under this Addendum. This right to void the Agreement is not transferable and shall apply only to you, who are the original subscriber.
Our Services are Not Guaranteed and Our Liability is Limited
Identification and isolation of the cause of trouble in an electronic network is sometimes difficult and time consuming, especially if the trouble is from multiple causes or is intermittent. TWC’s sole responsibility under the Service Protection Plan is to use reasonable skill, procedures, effort and equipment, during the period that you continue to subscriber to the Service Protection Plan (the “Warranty Period”), to identify and resolve TWC service-related issues that are covered by this Addendum. For the duration of the Warranty Period, and upon notice from you, TWC will repair, maintain, or replace any materials and re-perform any work provided to you pursuant to the Service Protection Plan. Such repair, maintenance, or replacement of materials and re-performance of work shall constitute the entire liability of TWC and the sole remedy hereunder, whether a claim or remedy is sought in contract, tort (including negligence), strict liability or otherwise.
THE FORGOING WARRANTY IS YOUR EXCLUSIVE WARRANTY AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN FACT OR IN LAW. TWC DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
OUR SERVICES, EQUIPMENT AND SOFTWARE ARE NOT GUARANTEED TO WORK OR TO BE ERROR FREE AND ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. THIS INCLUDES SO-CALLED “IMPLIED WARRANTIES” (SUCH AS THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). AMONG OTHER THINGS, WE DO NOT WARRANT THAT THE TWC SERVICES, THE EQUIPMENT OR THE SOFTWARE WILL PREVENT OR PROTECT AGAINST ANY LOSS, DAMAGE OR INJURY TO ANY PERSON OR ANY PROPERTY UNDER ANY CIRCUMSTANCES. IF THE LAW WHERE YOU LIVE SAYS WE CANNOT EXCLUDE CERTAIN WARRANTIES, THEN THOSE WARRANTIES ARE NOT EXCLUDED.
NEITHER WE NOR OUR LICENSORS OR SUPPLIERS WILL BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OF ANY KIND BASED ON YOUR RELATIONSHIP WITH US, WHETHER BASED ON BREACH OF CONTRACT, TORT (FOR EXAMPLE, A NEGLIGENCE OR PRODUCT LIABILITY CLAIM), VIOLATION OF LAW OR ANY OTHER THEORY. FOR EXAMPLE, WE ARE NOT LIABLE TO YOU FOR LOSSES OR DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE SERVICES OR FOR ANY LOSSES OR DAMAGES THAT MAY RESULT FROM INSTALLATION, USE, MODIFICATION, REPAIR OR REMOVAL OF CUSTOMER USE EQUIPMENT OR CUSTOMER-OWNED EQUIPMENT. IN NO EVENT WILL WE BE REQUIRED TO CREDIT YOU AN AMOUNT IN EXCESS OF YOUR SERVICE FEES FOR THE MONTH DURING WHICH YOU SUFFER ANY LOSSES OR DAMAGES.
TWC WILL NOT BE REQUIRED TO PROVIDE COMPENSATION TO YOU IN EXCESS OF $1,000 UNDER ANY CIRCUMSTANCES. TWC WILL NOT BE LIABLE TO ANY THIRD PARTY, INCLUDING YOUR INSURANCE COMPANY, AS A RESULT OF PROVIDING YOU WITH THE TWC SERVICES, THE EQUIPMENT OR THE SOFTWARE. YOU WAIVE (IN OTHER WORDS, GIVE UP) ANY RIGHT YOU MAY HAVE TO GIVE YOUR INSURANCE COMPANY THE POWER TO SUE TWC (WHICH IS KNOWN AS “SUBROGATION”).
IF YOU RECOVER ANY LOSSES OR DAMAGES FROM AN INSURANCE COMPANY IN CONNECTION WITH ANY CLAIM THAT RELATES TO OUR PROVISION OF THE SERVICES, YOU RELEASE TWC FROM ANY OBLIGATION TO PAY YOU ANY SUCH AMOUNTS AND FOR ALL INSURANCE DEDUCTIBLES RELATING TO THE POLICY GIVING RISE TO SUCH RECOVERY.
NEITHER WE NOR OUR LICENSORS OR SUPPLIERS WILL BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OF ANY KIND BASED ON YOUR RELATIONSHIP WITH US, WHETHER BASED ON BREACH OF CONTRACT, TORT (FOR EXAMPLE, A NEGLIGENCE OR PRODUCT LIABILITY CLAIM), VIOLATION OF LAW OR ANY OTHER THEORY. FOR EXAMPLE, WE ARE NOT LIABLE TO YOU FOR LOSSES OR DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE SERVICES OR FOR ANY LOSSES OR DAMAGES THAT MAY RESULT FROM INSTALLATION, USE, MODIFICATION, REPAIR OR REMOVAL ANY EQUIPMENT. IN NO EVENT WILL WE BE REQUIRED TO CREDIT YOU AN AMOUNT IN EXCESS OF YOUR SERVICE FEES FOR THE MONTH DURING WHICH YOU SUFFER ANY LOSSES OR DAMAGES.
Modification, Termination, and Cancellation
TWC may at its discretion suspend, terminate, or modify the Service Protection Plan and may change or modify the rates, terms and conditions described herein, in accordance with applicable law and upon thirty (30) days’ notice to you. If you are affected by such changes or discontinuation, you will be notified in advance via written correspondence at your billing or last known address. TWC may provide notice of changes to this Addendum with your monthly TWC bill. In the event of cancellation by TWC, the notice of cancellation shall state the effective date of the cancellation and the reason for cancellation.
TWC may terminate this Addendum or suspend the Service Protection Plan immediately without notice if you (i) fail to pay amounts due to TWC, (ii) make a material misrepresentation to TWC, or (iii) fails to comply with any of the terms and conditions set forth herein. Such termination will not cause termination or denial of your other TWC products or services.
You may become ineligible for the Service Protection Plan if TWC does not receive timely payment for the Service Protection Plan, if TWC is not providing video, HSD, Phone, Home Management, and/or SignatureHome® service to you, or if a hazard or danger exists that would endanger TWC personnel or facilities or that would interfere with TWC’s ability to fulfill its obligations under this Addendum.
You may elect to cancel the Service Protection Plan at any time by notifying TWC at the office address(es) or service center(s) identified above. TWC will continue to provide to you the services pursuant to the Service Protection Plan and you shall continue to make timely payment for the Service Protection Plan until you or TWC terminate or cancel the Service Protection Plan as provided herein. By continuing to use and pay for the Service Protection Plan, you consent to the terms and conditions set forth herein.
You are Agreeing to Limit Your Legal Rights
(a) You waive (in other words, give up) the right to commence any proceeding against TWC if the relevant events occurred more than one year earlier. This waiver is not enforceable, and the normal statute of limitations in your area will apply, if you notified TWC in writing of the events giving rise to the proceeding within one year of their occurrence.
(b) Under Section 15 of the Residential Services Subscriber Agreement, each of us agrees to submit certain Disputes to the American Arbitration Association for resolution under its Commercial Arbitration Rules or, by separate mutual agreement, to another arbitration institution. You may opt out of this arbitration provision. If you do so, neither you nor TWC can require the other to participate in an arbitration proceeding. To opt out, you must notify TWC in writing within 30 days of the date that you first became subject to this arbitration provision. You must use one of these addresses to opt out:
Time Warner Cable
60 Columbus Circle, Rm 16-364
New York, NY 10023
Attn: Arbitration Opt-out
Arbitration Opt-Out Form
(c) Any Dispute relating to a single individual’s claim for property damage in excess of $25,000, personal injury or death that arises out of or relates to our having provided the Service Protection Plan must be brought in a court of law having appropriate jurisdiction and may not be submitted to arbitration.
(d) Any claim properly brought in a court of law in connection with our Customer Agreements (including this Addendum) will be heard and decided by a judge, not a jury. Each of us waives the right to a jury trial in any such court proceeding.
Conflicts with our other Agreements
(a) This Addendum forms part of your Time Warner Cable Residential Services Subscriber Agreement. As a result, the other Customer Agreements referred to in the Residential Services Subscriber Agreement also apply to the Service Protection Plan.
(b) In the event of a direct conflict between the terms of this Addendum and the Residential Services Subscriber Agreement and/or our other Customer Agreements, the terms of the Addendum shall control but only with respect to the Service Protection Plan.
(c) In the event of a direct conflict between the terms of this document and the Work Order and Consent to Subscriber Agreement, the terms of this document will control.