OTB REPAIR TERMS OF USE
TERMS OF SERVICE AGREEMENT
Protection will start 30 days after receipt of payment for your plan. For monthly rolling plans, protection will start 30 days from receipt of your first payment.
PLAN TERMS AND CONDITIONS
It is important for your benefit and protection that you read these terms and conditions. These and your certificate, and any changes we notify you about (at renewal or otherwise), form your agreement with us. We intend to rely on the terms and conditions set out in this document.
DEFINITIONS
Plan: this contract of services.
Product: the item(s) protected by this plan, as shown on your certificate.
We/us/ours: OTB Repair, the provider of the plan.
You/your: the person named on your certificate.
Your certificate: the personalised section of your plan documentation, sent to you once you have taken out a plan or at renewal.
ELIGIBILITY
You must be at least 18 years old and resident in the United Kingdom to be eligible. Your product must be in good working order when this plan starts.
CONTRACT OF SERVICES
This plan is not categorised as an insurance product and therefore insurance regulation does not apply. This plan is a contract of services and is governed by UK laws and regulations concerning service contracts.
IMPORTANT CONDITIONS AND YOUR OBLIGATIONS
CONDITIONS
The following conditions apply to this plan:
You must provide us with any information that we request when you apply for the plan. All information you give must not be false, exaggerated or misleading.
Your product must have been installed, maintained and used in accordance with the manufacturer’s instructions.
Your product must be owned by you and kept only for domestic use.
Your product must be used in a private home, solely occupied by a single household (at the address you provided us).
Your product must be easily accessible and meet all relevant safety standards and be safe to work on; and
Your product (if it is able to store data or images, e.g. laptops or PCs) must not contain any content that may be considered to be illegal, and if we find any content we consider to be illegal, we reserve the right to inform the relevant authorities.
YOUR OBLIGATIONS
You must arrange any work required to make your product accessible and compliant with all relevant safety standards and safe to work on, e.g. you will be responsible for carrying out work required to fix a gas leak.
Where you have requested services from us, you must also notify us if such work is required, let us know when it has been completed and provide us with the relevant certification (if applicable).
We will not provide our services until you have fulfilled these obligations.
If you do not comply with the conditions and the eligibility requirements above or do not fulfil your obligations above, we will end your plan.
WHAT THIS PLAN INCLUDES
BREAKDOWN
If your product suffers a mechanical or electrical breakdown after the end of the manufacturer’s parts and labour guarantee period, our customer services team will try to resolve the problem over the telephone. If we are not able to resolve the problem, we will, at our discretion, decide whether to approve a repair. Where a repair is approved, we will then authorise an engineer to carry out your repair, or we may also (at our discretion), decide to replace your product, in each case subject to these terms and conditions.
HOW TO REQUEST A REPAIR
To request a repair please contact us as soon as possible by telephone. Helpline number: 03333 010959. You may be required to provide proof of Product purchase.
LIMITS OF THE PLAN
There is no limit to the number of repairs you can request,
REPAIRS INFORMATION
INFORMATION WE MAY REQUIRE
You must give us all information we need to verify your repair request. You should send any requested documents to the following address: OTB Repair, 125 Howard Road, Sompting, Lancing.
IMPORTANT INFORMATION ABOUT REPAIRS
Only engineers approved by us are authorised to carry out repairs under this plan unless we agree otherwise in advance. Repairs will be carried out within the repairer’s normal working hours (which are at least 9am to 5pm, Monday to Friday) on a date agreed with you. Please have your plan documentation to hand when the repairer arrives. If your product breaks down, you must take reasonable steps to limit damage, e.g. stop using it if this is likely to cause further damage.
If we approve a repair but are unable to find an approved engineer, we will permit you to use your chosen repairer. You will have to pay them and claim the cost back from us. Please keep a copy of your invoice to send to us.
If we permit you to use your chosen repairer and the proposed repair is estimated to cost more than the cost of a like for like replacement of your product then you must ring the customer help line on 03333 010959 before work starts and we will make a decision on how to proceed with your claim.
If we decide to visit your property, any unpaid fee for the current plan period will become due. No fee paid will be refunded.
REPLACEMENTS
If a repair is approved, we may (at our discretion), decide to replace your product. We cannot guarantee to be able to replace your product with the same model but we will provide you with a new product of the same or similar brand and technical specification.
PRODUCT DISPOSAL, DELIVERY, INSTALLATION AND OTHER COSTS
If the product is taken or sent away from your home for repair and is then replaced, the original product will become our property and we will dispose of it. If your product remains in your home but is replaced, you will be responsible for disposing of it at your own cost.
In all cases, you will be responsible for installing the new product and paying any related costs.
WHAT HAPPENS IF YOUR PRODUCT IS REPLACED BY THE MANUFACTURER?
If the manufacturer replaces your product under a manufacturer’s guarantee, the plan will continue on the replacement product as if it was the original product.
WHAT HAPPENS IF WE DECIDE NOT TO REPAIR OR REPLACE?
If we decide not to approve a repair request which would otherwise fall within the terms of your plan, we will inform you. All fee payments you have made in the current period of your plan will be refunded and your plan will end immediately. No further amounts will be payable. We’ll confirm this in writing to the last address you gave us.
GENERAL EXCLUSIONS
Unless they are listed under the ‘What this plan includes’ section, the following are excluded from the plan, and we will not pay for repairs which relate to:
Damage during delivery, installation or transportation of the product by a third party who is not our agent.
Any breakdown cost already covered by any manufacturers, suppliers or repairer’s guarantee or warranty on a product.
Replacement or recall of the product (or any part) by a supplier or the manufacturer.
Accidental damage.
Products exceeding 10 years of age from the Plan Start Date.
The panelling or brackets relating to any integrated appliances
Modifying or making a product comply with legislation, work on the product that is only required due to legislation changes or making it safely accessible.
Your failure to follow the manufacturer’s instructions.
Any problem with the supply of electricity (unless you are protected against food spoilage), gas, water, broadband or broadcast content.
Routine maintenance, cleaning, servicing and re-gassing.
Repairs carried out outside of your country of residence.
Costs or loss arising from not being able to use your product (e.g. hiring a replacement TV), or incidental costs caused by breakdown or repair (e.g. costs to remove or reinstate built-in or fitted equipment).
Damage to any other property or possessions unless it is our fault.
Cosmetic damage which includes but is not limited to wear and tear or gradual deterioration, corrosion, rust, dust or change in temperature, gradually developing defects, cracks, flaws or fractures, scratching, chipping, abrasion, change of colour, texture or finish.
Any loss, damage or impairment to functionality caused by theft, attempted theft, neglect, deliberate damage or damage caused by animals, plants or trees.
Any loss, damage or impairment to functionality caused by: earthquake, flood, lightning, fire, wind, humidity, weather conditions, salt spray, storm or other natural events or catastrophes, abnormally high or low temperatures, plumbing problems, corrosion, chemical exposure, radiation, explosion, sabotage, terrorism, insurrection, revolution, war, riot, armed conflict, civil commotion, rebellion, man-made events or catastrophes or technological hazards (such as computer viruses or date-change faults).
Any product not registered under the plan.
Repairs, maintenance work, or use of spare parts, where not approved by us.
Damage to ceramic or glass surfaces (unless caused by an accident protected by the plan).
Files lost due to a repair or replacement and your failure to back them up.
Commercial or business use including use by charities, not for-profit organisations, local government or other such similar organisations (unless we agree to the use in writing beforehand).
Fraud or attempted fraud, or where the condition of the product is not consistent with the request you made.
The cost of replacing any accessories including: external fuses, lawnmower belts, batteries, rechargeable batteries, power cells, light bulbs changeable by the user, fluorescent tubes and related starter components, filters, attachments, cables and cable joints, plugs, light covers, grills, removable parts, glass and enamel parts, catalytic panels, external piping, rain covers, starter connections and straps, 3D glasses, vacuum cleaner bags, brushes and tubes, audio pick-up systems including scanners, printer toner or ink cartridges and printer ribbons.
For products that include software: external data carriers, other input devices (scanners, joysticks and mouse devices), other external controllers (if not included when purchasing the product), installing, modifying and upgrading software.
For products with screens: repairs due to pixel failure where the number or location of pixels does not exceed the manufacturer’s acceptable limit, marks on the screen, or burned screens.
For televisions: the change from analogue to digital broadcasting including terminating analogue transmissions, software interface problems, satellite or cable systems or gaining access to cables within the fabric of a building or wall.
Damage caused by, or arising from, accident.
PAYING YOUR FEES
If you pay monthly (inclusive of all applicable taxes) by Direct Debit, you must make regular payments in accordance with the ‘Split Payment Amount’ set out in your plan documentation. If we are unable to collect a payment from your bank, we may attempt to request payment again unless you advise us otherwise. When you have paid the monthly fees by Direct Debit for the number of consecutive months shown in the ‘Plan Duration’, if the initial plan period has not yet expired, no further payment will be taken for the remainder of the initial plan period, unless and until your plan restarts for a further period (see ‘Duration and Extension of your plan’ below).
If instead you choose to pay all the fees for the period in one payment, you must pay this amount (inclusive of all applicable taxes) on the ‘First Payment Date’ set out in your Plan Documentation. If we are unable to collect a payment from your bank, we may attempt to request payment again seven days later unless you advise us otherwise.
We may use a collection agency to recover any amount owing to us.
If you do not pay for your plan on time, it will be suspended from the payment date. Any requests for repairs past this date will not be considered for approval unless payment is received.
DURATION AND RENEWAL OF YOUR PLAN
The initial plan period begins on the ‘Plan Start Date’ and continues until the ‘Plan Expiry Date’, as specified in your certificate (unless ended in accordance with these terms and conditions).
Before your plan ends, we will write to you about renewing your plan. Your renewal notice will show the new amount to pay. The fee payable may increase upon renewal.
If you pay by monthly Direct Debit, each year your protection will automatically continue for another year with a new plan at renewal, unless you tell us otherwise. Unless you have advised otherwise, the monthly fee will again be collected from your specified bank account, to ensure you are always protected.
If you pay by any other means, you will need to make payment for your plan to continue.
A cooling off period (lasting 28 days from the date of which payment was made towards the plan) applies at the renewal of your plan.
We reserve the right not to offer you a renewal on your plan.
CANCELLATION AND ENDING OF THE PLAN
COOLING OFF PERIOD – CHANGING YOUR MIND
The ‘cooling off period’ is the 28 day period from receipt of your payment for our services.
If you change your mind during the cooling off period, you can cancel your plan and we will refund any fee paid within 31 days.
We will also give you these rights during your manufacturer’s parts and labour guarantee period.
If your plan automatically ends or is cancelled by us, these rights do not apply (see ‘Our right to cancel your plan or bring it to an end’ below).
AFTER THE COOLING OFF PERIOD
If you cancel your plan after the cooling off period and after the manufacturer’s parts and labour guarantee period, then the following will apply:
If you have not received a repair, a pro rata refund will be payable within 31 days for the remaining full months of your plan. If you pay for your plan on a monthly basis, you will not receive a refund.
If you have received a repair, no refund will be given and you will have to pay the cost of the repair. If you pay annually this will be capped at the ‘Total Payment Amount’ figure. If you pay monthly this will be capped at the total of 12 payments of the ‘Split Payment Amount’ figure.
HOW TO CANCEL
If you wish to cancel your plan, please contact us on 03333 010959 (24 hours a day, 7 days a week). You can also cancel by writing to us at OTB Repair, 125 Howard Road, Sompting, Lancing, or by email admin@otb.repair. If you are paying by Direct Debit and instruct your bank to cancel your Direct Debit Instruction, but do not contact us first, we will not immediately cancel your plan. If you do wish to cancel, please contact us directly to avoid any communications regarding outstanding payments.
OUR RIGHT TO CANCEL YOUR PLAN OR BRING IT TO AN END
If at any time, we replace your product (or give you a voucher settlement) by us, your plan will automatically end and no refund will be due (see ‘What happens if your product is replaced?’ above).
If you fail to comply with certain conditions and obligations (see ‘Important conditions and your obligations’ above) we may bring your plan to an end and we won’t provide any further services to you under the plan. We will refund all fee payments you have made during the current period of your plan. You must pay us for any call-out and repair costs we have incurred in the current period.
We reserve the right to cancel your plan by giving you 14 days’ notice. If we cancel your plan using this provision, you will receive a pro rata refund of the fee paid for the remaining unexpired days of your plan.
In each case, we will confirm any such ending or cancellation of the plan in writing to the last address you gave us.
CUSTOMER SERVICES DETAILS
For customer services: call 03333 010959. Write to us at OTB Repair, 125 Howard Road, Sompting, Lancing or email at admin@otb.repair or by clicking on ‘contact us’ on our website: www.otb.repair. Calls may be recorded and monitored for quality and training purposes. lines are open, 24 hours, 7 days a week.
CUSTOMERS WITH DISABILITIES
We offer a number of services for customers who have disabilities including providing our documents in Braille, large print or audio formats. For further information please contact us (see ‘Customer services details’ above).
HOW TO COMPLAIN
If you wish to complain or you are unhappy with the service provided, please contact our customer services team (see ‘Customer Services Details’ above).
TRANSFERRING YOUR PLAN TO A NEW OWNER
With our permission, you may transfer your plan to a new owner of the product by giving us their details either over the telephone or in writing. You cannot transfer it to any other appliance (except for replacements of your product provided under a manufacturer’s guarantee).
CHANGES TO THESE TERMS AND CONDITIONS
We may modify or replace these terms and conditions in order to:
Comply with the law, regulations, industry guidance or codes of practice.
Rectify errors or ambiguities; and
Reflect changes in the scope or nature of the protection provided to you.
We will give you 30 days’ written notice of any change that could have a material effect on your rights or obligations. The new terms and conditions will take effect from the date specified in the notice. If you do not agree with the changes, you may cancel the plan by notifying us within that notice period and you will receive a pro rata refund of any payments that you have made for the unexpired period of your plan.
WHAT WE DO WITH YOUR INFORMATION
At Domestic Cover we want to reassure you that we use your information both responsibly and securely to provide you with the best possible service. Below we explain what we do with your information and your rights to your information. If you would like any further details you can get in touch with us using the contact details provided in the ‘customer service details’ section above.
USING YOUR INFORMATION
OTB Repair is the “data controller” of your information. We process two sets of information about you, “Personal Information” (your name, address, contact and payment details) and the “Goods Information” you provide to register your appliance or device (your name, address, contact and goods details). We’ll use your information: (i) as necessary to fulfil our contract with you (including to recover any amounts owing); (ii) for our legitimate interests in: undertaking marketing (about our products and services and those of our third party partners) by post, telephone, email and/or other electronic messaging services; market research; customer surveys; printing services; checking and verifying your identity and contact details; recording your conversations for training, quality and compliance purposes; and for analytics and profiling for marketing purposes; detecting and preventing crime, including fraud; and (iii) where required to do so by law. We may also ask for your consent to some uses of your information.
SHARING YOUR INFORMATION
From time to time your Personal Information and Goods Information may also be shared with companies acting on our behalf or providing services to us (e.g. the companies we use to carry out repairs, IT & mailing services, storage of paper records and telecommunications).
TRANSFERRING YOUR INFORMATION
In exceptional cases, we may transfer your information to countries outside the European Economic Area (including the US) which
may not have data protection laws which provide the same level of protection as provided in the UK. We will do our due diligence to ensure that such information is adequately secured and protected and that such transfers meet the requirements of applicable data protection law.
KEEPING YOUR INFORMATION
We keep your Personal Information for six years after you terminate your policy so that we can deal with any claims. Your goods information we keep for a bit longer, normally 10 years (the average life of an appliance) for health and safety. We also keep your information to send you marketing that you might be interested in unless we receive a request from you to opt-out of marketing.
RIGHTS TO YOUR INFORMATION
By writing to the Data Protection Officer using the contact details provided in the ‘customer service details’ section above, you have the right to ask us:
for a copy of the Personal Information we hold about you
for a copy of the Personal Information you provided to us to be sent to you or a third party in a commonly used, machine readable format to update or correct your Personal Information to keep it accurate
to delete your Personal Information from our records if it is no longer needed for the original purpose; and
to restrict the processing of your Personal Information in certain circumstances
And you may also:
object to us processing your Personal Information – in which case we will either agree to stop processing or explain why we are unable to; and
where we rely on your consent, withdraw that consent at any time.
Please note that the above rights are not absolute and certain exemptions apply to them.
You can also make a complaint to the Information Commissioner (www.ico.org.uk) if you feel your Personal Information has
been mishandled.
MARKETING
We, along with other members of our Group may use your information to tell you about any offers, products or services which may be of interest to you. We may contact you by post, telephone, email and/or other electronic messaging services.
To change your marketing preference, let us know by emailing admin@otb.repair or by writing to us using the contact details provided in the ‘customer service details’ section above.
EXCLUSION OF THIRD-PARTY RIGHTS
This plan is only for your benefit. No rights or benefits will be given to any other third party under the plan.
GOVERNING LAW AND STATUTORY RIGHTS
We will communicate with you in English and English Law will apply unless we agree otherwise with you. Nothing in the conditions will reduce or affect your statutory rights; for further information about your statutory rights contact the Citizens Advice Bureau: www.adviceguide.org.uk or 0344 411 1444.
THE DIRECT DEBIT GUARANTEE
This Guarantee is offered by all banks and building societies that accept Instructions to pay Direct Debits
If there are any changes to the amount, date or frequency of your Direct Debit OTB Repair will notify you 14 working days in advance of your account being debited or as otherwise agreed. If you request OTB Repair to collect a payment, confirmation of the amount and date will be given to you at the time of the request.
If an error is made in the payment of your Direct Debit, by OTB Repair or your bank or building society you are entitled to a full and immediate refund of the amount paid from your bank or building society
If you receive a refund you are not entitled to, you must pay it back when OTB Repair asks you to
You can cancel a Direct Debit at any time by simply contacting your bank or building society. Written confirmation may be required. Please also notify us.
