Nishkul Assure - Digital Policy
In the event of a covered loss, the Insured may file a claim at claims.Nishkul Technologies by emailing email@example.com. The Insured party must provide a claim form, an invoice for services rendered, and any additional documentation required by the claims adjuster to assess and evaluate the claim. The Claim must be filed during the active Coverage Period.
The Coverage Period begins on the date of the purchase or on the date that Services are rendered, whichever occurs first, and is in effect for fourteen (14) days after the date of purchase or date of completion of services.
Insurer will pay to the Insured the cost of the goods and/or services rendered from Merchant plus tax, and if required (determined by Insurer), the cost of a Certified Technician to repair a Computer Infection introduced by Services Rendered by Merchant.
Covered Events include: the InsuredÕs computer obtains Virus, Malware, Adware, Trojans as a result of services rendered by Merchant, or the Merchant fails to perform according to their Terms of Service.
The coverage has a limit of five hundred dollars ($500.00) for each certificate of coverage issued. Coverage is limited to a single event as a result of services rendered or single event as the result of a service breach.
Terms and Conditions:
The following are the Terms and Conditions which govern the coverage and conditions of the Services Rendered by Merchant and the terms of the service guarantee provided by Insurer to the Insured for their purchase(s) from Merchant.
1. Insurance Guarantee and Services Rendered:
Provided that the Merchant performs its obligations to the end user under their Terms and Conditions, Insurer guarantees to the Insured that the Services performed by Merchant will be performed consistent with generally accepted industry standards and practice. The Insurer guarantee shall only be effective if the Insured notifies the Insurer of a breach of service and/or a failure by Merchant to render services promised within fourteen (14) days after said breach or failure by Merchant. Failure to notify Insurer of the breach of the terms of service and/or the failure of Services Rendered by Merchant within fourteen (14) days of said action will result in the claim being denied. InsurerÕs sole and exclusive obligation for a service breach or failure of a Merchant to perform services paid for, shall be at InsurerÕs option, to :
(a) use a certified technician appointed by the Insurer to perform the Services in a manner that conforms to the original services promised, or (b) Refund to Insured the fees paid by the Insured to the Merchant for nonconforming Services Rendered, or (c) Refund to the Insured the fees paid by the Insured to the Merchant for introduction of a Virus, Malware, Adware, Trojan during the course of Services Rendered. Insurer is not responsible for any incidental, direct, or indirect damage to the InsuredÕs property resulting from services rendered by Merchant, beyond the removal of the new Virus, Adware, Malware, Trojan introduced, or a Refund to Insured for fees paid for original service insured. The remedies set forth in this paragraph are the InsuredÕs exclusive and only remedies for any of MerchantÕs breach of service, MerchantÕs failure to render services promised, or MerchantÕs introduction of Virus, Adware, Malware, Trojan by MerchantÕs Service.
2. Exclusion of Warranties:
Except for the Express Warranty set forth in Section 2 of the Terms and Conditions, the services are provided ÒAs IsÓ. Insurer expressly disclaims any and all other warranties of any kind or nature whether express, implied, or statutory, including, but not limited to, the implied warranties of merchantability, fitness for particular purpose, non-infringement, design or suitability, or quality of service. With respect to the project or any goods, services, or other materials delivered by Insurer, Insurer does not guarantee in any way that the results of any analysis and reports it produces are accurate. No warranties shall arise under these Terms and Conditions from the course of dealing or usage of trade. Notwithstanding anything herein to the contrary, none of InsurerÕs representations, warranties, or obligations under these terms and conditions shall apply with respect to Third Party Data or Third Party Platforms. Insurer makes no warranties or representations and will have no liability or responsibility for any Third Party Data, including the accuracy or legality of any third party data. All services with respect to Third Party Platforms and Third Party Data are provided ÒAs IsÓ and ÒAs AvailableÓ.
3. Limitation of Liability:
Notwithstanding anything in these Terms and Conditions to the contrary, the entire liability of either party to the other party, arising out of these Terms and Conditions for the services performed hereunder shall be limited to the amount actually paid by the Insured to Merchant under the applicable service schedule maintained by Merchant or the hiring at the InsurerÕs discretion a certified technician to repair and/or remove the introduction of a Virus, Adware, Malware, or Trojan by MerchantÕs Service. In no event shall the Insurer be held liable for any direct, indirect, special, exemplary, incidental or consequential damages including but not limited to: loss of profits, loss of expected profits, corrupted data, loss and/or deleted work, loss and/or damaged personal files resulting from the infection or services rendered by Merchant whether based on contract, tort (including negligence), strict liability or any other legal theory. Further, Insured will not be held liable for any additional utility fees, any service provider charges, any changes to personal or business schedule required to accommodate the certified technician hired, at the discretion of the Insurer, to perform their duties outlined in this certificate. Moreover, this certificate of Insurance is not a guarantee against the loss of any information, data or files stored on Insureds computer.
The parties agree that the limitations specified in Section 3 will survive and apply even if any limited remedy specified in these Terms and Conditions is found to have failed its essential purpose. Insurer is willing to enter into these Terms and Conditions and the Services Schedule and perform Services for Insured only in consideration of and in reliance upon the provisions of these Terms and Conditions, limiting InsurerÕs exposure to liability, including but not limited to, the provisions contained above. The above referenced provisions constitute an essential part of the offer and acceptance of the underlying Terms and Conditions and the Service Schedule and have been reflected in the consideration specified therein.
4. Governing Law and Venue:
These Terms and Conditions shall be governed by and construed under the laws of the State of California, exclusive of its choice of law rules, as such law applies to agreements between California residents entered into and to be performed within California, except as governed by federal law. Any controversy or claim arising out of or in any way connected with these Terms and Conditions or the Services Schedule, or the alleged breach thereof shall be brought in the state and federal courts located in the State of California. Each party waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph.
5. The Insured agrees to INDEMNIFY and HOLD HARMLESS Insurer and Underwriters from any loss, liability, damage, or costs, including court costs and attorney fees that they may incur due to misreading, misunderstanding, and not following the coverage requirements as per this Insurer Insurance Certificate or as endorsed.
6. No Authority is granted to any agent or person to alter, waive, modify, or make representations on any provisions of this Certificate.
7. Any covered loss will be promptly paid to the Insured or their Assignee upon completion of an executed claim.
8. The Insured agrees to take any and all actions possible to minimize additional loss from any covered peril.
9. Upon payment of covered peril, the Insurer shall be subrogated to all rights of the Insured including whatever money may be recoverable. This payment excludes applicable deductible amounts corresponding to the claim settlement on account of said covered peril from any Merchant, Merchant Employee, Agent, or from any other person or corporation whatsoever. The Insured specifically covenants and agrees to aid the Insurer in all manners possible to aid in securing the reimbursement of said covered peril.
Coverage is not available for any direct or indirect loss resulting from the following:
Problems arising from the Insured or InsuredÕs Family Members direct or indirect actions during the Coverage Period. Such actions include downloading infected files, visiting malicious or infected websites, installing infected peripherals during or after Merchant services have been rendered, problems that may result from external causes such as accidents, misuse, abuse, or problems with electrical power, non-compliance with hired technician during the course of attempting to resolve the issue, problems arising from using and/or borrowing components, parts, or accessories added to the computer on or during the Coverage Period after the repair that werenÕt present during Merchant services performed. This includes thumb drives, hard drives both internal/external which may contain malicious software, Virus, Adware, Malware, Trojans; that would otherwise not be present had Insured not added the component to the computer.
Virus, Adware, Malware, Trojan infection of computer due to roll-back of operating system to previous restore point by the Insured or InsuredÕs Family Members after repairs were completed. Any and all damage caused by hardware failure, non-virus, or non-malware software, including those resulting from flood, fire, blackouts, vandalism, and acts of god.
Coverage will be voided in the following circumstances:
If the Insured refuses to comply with Merchants requests during or after Services Rendered.
If the Insured ignores information and/or instructions provided by Merchant to avoid problems from arising after Services have been completed.
If the Insured fails to report to the Insurer a notice of a new Virus, Malware, Adware, Trojan infection within fourteen (14) days of infection.
The Insured misrepresented or concealed any material facts or circumstances, provided false accounts with or without the intent to deceive, relating to the claim filed, be it prior or following the covered Services to the Insurer or to the Merchant.
Adware: Spyware that records search information and forwards it to an individual or business, which later uses it to create pop-up ads for delivery to users without their consent.
Certified Technician: A qualified individual in terms of specific knowledge or skill in the required area of need.
Computer Infection: A computer that has a Virus, Adware, Malware, or Trojan.
Company: Insurer and its Agents.
Coverage Period: Time during which benefits are payable beginning on the Effective Date and ending on the Termination date.
Insured: All persons listed on the Certificate under the name Insured.
Merchant: The website the coverage was purchased from and the Insured received services from.
Refund: Repayment of the sum or portion of money paid for goods and/or Services .
Services Rendered: Completion of a covered service requested and paid for by the Insured.
Malware: Software specifically designed to gain access or damage a computer without the knowledge of the owner.
Trojan: A program in which a malicious or harmful code is embedded and/or stored in a seemingly innocuous program or data, which infects the computer and can harm the performance of the computer,
Virus: A piece of code that is capable of copying itself and typically has a detrimental effect, such as corrupting the system or destroying data.
Nishkul Assure coverage is administered by Nishkul Technologies LLC