Assurant Services Canada Inc. 33 Yonge St., Suite 700, Toronto, Ontario M5E 1G4
The services provided by the Program are managed and administered by: Assurant Services Canada Inc. (referred to herein as “Assurant”, “We” or “Us” and “Our”) 5160 Yonge Street Suite 500 Toronto, Ontario M2N 7C7
These Terms and Conditions describe the services to which You are entitled as a Program member, how You access those services and all terms, conditions and any limits that may apply. Please read it carefully and keep it in a safe place. Members Name(s) (the “Homeowner”, also referred to herein as “You or Your”) Membership Number Property Address (referred to herein as Your “Home”)
Membership Begins New Mortgage Effective Date
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Telephone Numbers Day Evening Membership Begins Mortgage Renewal
Purpose of Funds : Effective Date: Membership Fee First 12 months: Paid by FirstLine Mortgages, as long as you have an eligible FIRSTLINE mortgage as at the Effective Date. Thereafter $15.95* plus applicable taxes per month. * Subject to change with advance written notice
A. ELIGIBILITY FOR MEMBERSHIP You are eligible for Membership in the Program so long as: 1. You indicate You wish to become a Member, by completing the required Member Activation Request; 2. You have a FirstLine Mortgage as of the Effective Date; 3. Your Home, at the address shown above, is Your principal residence. FirstLine Mortgage means a mortgage product that is offered by CIBC Mortgage Inc. under the FirstLine Mortgages brand name. CIBC Mortgage Inc. (“CMI”), which is a member of the CIBC group of companies, receives fees for customers who are referred to and participate in this Program. Eligible FirstLine mortgage means a FirstLine mortgage that is deemed eligible by CIBC Mortgages Inc. at its sole discretion from time to time. B. PAYMENT OF MEMBERSHIP FEES FirstLine Mortgages pays the cost of Your Membership for the first 12 months following the Effective Date. Thereafter, Membership Fees fall due at the same time as Your mortgage payments. You authorize FirstLine Mortgages to collect Your Membership Fees, plus any applicable taxes as part of Your regular mortgage payments, and remit them to Us on Your behalf. If You select a mortgage payment frequency other than monthly, the amount collected will be appropriately adjusted. If FirstLine Mortgages is unable to collect Your Membership Fees because they are not receiving Your mortgage payments, You can still maintain Your Membership if You contact us to make an alternative payment arrangement. Otherwise, Your Membership may be terminated in accordance with Section C. At least 30 days prior to the date on which FirstLine Mortgages will begin to collect Your Membership Fees, You will receive a written notice in the mail, to remind You about the change to Your total payment amount. If You wish, You may cancel Your Membership in the Program at that, or any other time by notifying Us in writing. You are under absolutely no obligation to continue Your Membership beyond the period for which FirstLine Mortgages has agreed to pay the cost. C. WHEN MEMBERSHIP BEGINS AND ENDS Membership begins on Your Effective Date and continues until it is terminated. Membership terminates on the earliest of the following events: 1. 2. 3. 4.
You pay off or transfer Your mortgage to another lender; or We and/or FirstLine Mortgages receives a written request to cancel Your Membership; or Your monthly Membership Fees become more than 60 days past due; or The Program is terminated, of which You will receive advance written notice.
D. WHAT SERVICES ARE AVAILABLE As long as You are a Member of the Program, in the event that a mechanical electrical breakdown or malfunction occurs that is beyond the inherent and natural wear characteristics of mechanical parts that affect the systems and components of Your Home as detailed in sections 1-
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7 below, Assurant will arrange for the services of a contractor, technical or repair person (the “Service Provider”) to repair or replace those systems and components, in accordance with the terms and conditions of this Program (the “Program Services”). When You initiate a request for Program Services, You must pay the Service Provider the lesser of: a consultation fee of $50; or the cost of the service call.
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A consultation fee applies each time You request a Program Service, including during the complimentary period, unless the Program Service is related to the same breakdown or malfunction for which You have already paid a consultation fee or service call charge. The consultation fee or service call is not reimbursed by Assurant. The balance of the charge for covered Program Services including parts and labour, as well as costs of necessary overtime or after-hours services are paid for by Assurant directly to the Service Provider provided that: • services are pre-approved by Assurant; and • services are needed due to emergency situations as determined by Assurant. Assurant will not pay for the cost of any services unless arranged and approved through Assurant. You will be responsible for additional costs, including overtime charges and additional fees, for non-emergency service performed at Your request without the prior approval of Assurant. The applicable Restrictions and Limitations appear in Sections D-6 and D-7. 1. CENTRAL HEATING AND AIR CONDITIONING SYSTEMS All parts of centralized systems as well as: any air conditioners that are permanently installed in Your Home and not portable (e.g. not window-installed units); all floor, ceiling, or window heating units, including space heaters and electric baseboard heaters when affixed to walls; heat pumps located within or outside Your Home; evaporative coolers, compressors; control systems; oil storage tanks located within Your Home; all exposed or accessible duct work pertaining to a central heating and/or central air conditioning system. OUR GUARANTEE OF PROMPT AND RELIABLE HEATING SERVICES (Applies only to Program Services, as described above. The maximum service values are set out in Section D-7 also apply.) When it’s cold outside, We guarantee to fix Your furnace... FAST. If You are not able to adequately heat Your home within 24 hours of contacting Us, and the temperature is 0 degrees (Celsius) or less, We will pay a penalty fee directly to You of $250.00. 2. -
ELECTRICAL SYSTEM All electrical switches, electrical receptacles, electrical circuits (including repair of electrical short circuits); circuit breaker panel, all breakers and fuse boxes.
3. WATER HEATER (only if owned by You) All gas control valves; thermostats; heating elements; burner and pilot assemblies; burner blower motors and blower wheels; fuel units; static discs; air tubes; nozzles and nozzle lines; line filters and strainers; impellers; ignition wires; electrodes; terminals and transformers; pressure and temperature relief valves; thermocouplers; draincocks; fuel pipe and fittings; and water heater tank. 4. EMERGENCY PLUMBING Any blockage, leak or breakage of water, gas, vent or waste piping and fittings. Important Notes: The value of Program Services required to repair or replace septic fields or piping that is behind or encased in concrete is limited to $500.00. The value of Program Services required to repair or replace a cracked sewer main is limited to $2,500. Services required to eradicate clogged sink drains and leaks from taps, faucets, shower or tub controls, toilets or toilet component parts are not included in the Program. 5. ANCILLARY REPAIRS If, as a result of performing Program Services described in subsection 1 or 2 above, the service provider must break through any walls, floors or ceilings, We will arrange for additional Program Services valued up to $500 to restore the effected wall, floor or ceiling. Decorating services (e.g. in respect of wallpaper, paint, trim, etc.) are not included in the Program. 6. RESTRICTIONS AND SERVICES NOT INCLUDED This Program does not provide any services where the damage, breakdown, or malfunction caused directly or indirectly by: a) External causes, such as but not limited to: structural changes, freezing, fire, electrical failure, flood, wind, water, lightning, mud, tree roots, earthquake, ice, snow, sleet, explosion, war, order of any civil authority, intrusion by unauthorized person(s), vandalism, malicious mischief, sudden and accidental tearing or breakage or any other accident or occurrence or event other than the normal use of property, or any cause that could be covered by what is commonly known as “extended coverage” or homeowner’s insurance; b) Improper construction methods or construction materials or by structural defects or any other structural problems in the Home;
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c) d) e) f) g) h) i) j) k)
The use of systems, components or parts for purposes other than those intended by the manufacturer; The failure to provide normal and proper maintenance, as specified by the manufacturer of the component in question; The inadequacy or lack of capacity of any component in the Home or improper installation of equipment or design deficiencies; Alteration, modification, addition to, or deletion from any system, appliance, component or part thereof; Any violations of building codes, by-laws or other laws (any upgrade work or service required to meet building code or conform to by-laws, or other laws is also not covered); Freezing or heating of a plumbing system; Rust or corrosion if directly the cause of the malfunction; Components with known latent defects; A condition of which You were aware prior to Your Membership Effective Date when such condition gives rise to a need for services during the 12 month period beginning on Your Membership Effective Date.
The following exclusions are applicable to all Program Services in addition to the limitations and exclusions listed in the section above. a) This Program does not cover delays in getting parts; b) This Program does not cover and dishonest act on the part of the Homeowner; c) This Program does not cover shared systems in multi-unit residences; d) This Program does not cover indirect, consequential or incidental damages, losses or inconvenience (not applicable in Quebec); e) This Program does not cover loss of profits, down-time charges for time and effort (not applicable in Quebec); or f) This Program does not cover consumable items, such as, but not limited to, filters, bulbs and fuses. 7. MAXIMUM PROGRAM SERVICE VALUES If the cost of any repair exceeds the cost of replacement with materials of like kind and quality, size, capacity or functionality, then it is Our right to replace the part, components or system rather than repair. In the event that repairs cannot be carried out because the necessary part(s) are either no longer manufactured or no longer available then Our liability will be limited to the greater of $500 or the manufacturer’s last known list price for those parts. The maximum value of all Program Services provided by the Program with respect to Your Home is a total of $10,000 in any 12-month period. E. HOW TO ACCESS PROGRAM SERVICES Call us anytime for 24-hour Program Services access: 1-866-809-3243. We will arrange for the services of a Service Provider and We are not liable for the cost of any services provided in Your Home, except when arranged though Us. We guarantee the Service Provider will be dispatched in no more than 48 hours from the time You report a problem to Us. In the event of a furnace or heating system malfunction during the months of November through March inclusive, repairs will be initiated immediately. F. CHANGES TO THE PROGRAM We may elect to change services in the Program or any of these Terms and Conditions from time to time, so long as We provide You with at least 60 days written notice of the change, which notice shall disclose the date the change is to occur, together with any changes to (i) the identity of the company providing the services, (ii) the cost of the Program, (iii) the services, (iv) the other terms and conditions of the Program, or (v) any other matter that is dealt with in these Program Terms and Conditions. Where such a change takes place, these Program Terms and Conditions and the notice of the change, shall together be Your new Program Terms and Conditions, and Your original application shall continue to apply for Your Program, both before and after the change. G. ENTIRE AGREEMENT Your Home Owner’s Advantage Program Member Activation Request and these Terms and Conditions each as amended from time to time (collectively, the “Agreement”), shall constitute the entire agreement between the parties with respect to the subject matter of this Agreement and cancels and supersedes any other understandings and agreements between the parties with respect to such subject matter, whether written or oral, and whether made prior to or during the term of the Agreement. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between the parties other than as expressly set out in this Agreement (not applicable in Quebec). H. WAIVERS No waiver of any right or obligation or any remedy for breach of any provision of these Terms and Conditions will be effective or binding unless made in writing and signed by the party purporting to give the same and, unless otherwise provided, will be limited to the specific right, obligation or breach waived. The failure of any party at any time to require performance by the other party of any provision of these Terms and Conditions will not affect in any way the full right to require such performance at any subsequent time; nor will a waiver by any party of a breach of any provision of these Terms and Conditions be taken or held to be a waiver of the provision itself. I.
DATA RESIDENCY Your information may be processed and stored in the United States and may be subject to access by U.S. authorities under applicable laws.
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NON-TRANSFERABLE The Program is not transferable and applies only to the original Member of the Program.
K. QUEBEC RESIDENT You have specifically requested the English version of this document, a French version of which is available upon request. Vous avez spécifiquement demandé la version anglaise de ce document et la version française est disponible sur demande.
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