Terms

Overview:

Our Insurance covers bodily and property damage incidents caused by our Specialists up to $1,000,000 per occurrence. On Point Assembly is not liable for the acts or omissions of the Specialists, nor does On Point Assembly insure or provide insurance against any losses sustained by Clients and Specialists. On Point Assembly wants its clients to have an enjoyable experience using On Point Assembly's services and therefore we implemented this Insurance Coverage to continue providing Clients and Specialists a great experience.

Currently, our insurance premium does not fully cover New York State. Our Specialists are not individually insured, however, they must comply with the company policies and the Terms of Service to be part of On Point Assembly.

The Coverage:

If Clients and Specialists fail to resolve an issue between themselves and subject to the terms, On Point Assembly's Insurance coverage may come into effect on a case by case basis.
-Provide up to $1,000,000 per occurrence for Property Damage arising as a direct result of Negligence of a Specialist during the performance of a job for On Point Assembly.
-Provide up to $100,000 per occurrence for Bodily Injury sustained by a Client who did not cause the injury, as a direct result of Negligence by a Specialist during the performance of a job for On Point Assembly.
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Clients must comply with the following terms and conditions:
-The job giving rise to the Claim must not violate On Point Assembly's Terms of Service.
-You must not have violated our Terms of Service.
-The job giving rise to the Claim must have been performed and hired by an On Point Assembly Specialist.
-You must have paid the invoice for the job giving rise to the Claim in full.
-The Claim does not fall in the category of our Guarantee; Our Guarantee is not able to correct any omissions or mistakes made by our Specialists for this Claim.
-You must submit a Claim within five (5) days of the performance of the job giving rise to the Claim.
-Before submitting a Claim through On Point Assembly's Insurance, you must first make a good attempt to resolve this issue with On Point Assembly directly.
-You have not submitted any Claims within 90 days of the last Claim made.
-You do not have any outstanding or pending balances owed to On Point Assembly.

What is excluded from the Insurance Coverage?

-Our Insurance does not cover losses or damages to property or bodily injury from or in any way related to any of the following exclusions:
-Losses arising from the operation of any motor vehicle, bicycle, aircraft or watercraft by a User;
-Losses arising out of any intellectual property claim;
-Losses arising out of interruption of business, loss of market, loss of income and/or loss of use, unemployment compensation, losses associated with the unauthorized access to Electronic Data, or any other indirect, consequential or special damages;
-Losses for property damage exceeding the original value or replacement value (whichever is the lesser), less any standard depreciation;
-Losses to Ineligible Property;
-Client losses arising from Negligence of a Client or third party;
-Specialists losses arising from Negligence of another Specialist or third party;
-Losses arising from a manufacturer’s or a product’s defects, or from pre-existing damages or conditions of the item or property, normal wear & tear, or deterioration;
-Losses arising from items (including but not limited to tools) supplied by the Client or resulting from Client’s recommendations or instructions (i.e. if a manufacturer recommends affixing furniture to a wall and a Client declines to have furniture affixed, or Client directs Specialists to perform the job in a manner that results in damages);
-Losses that are a normal part of/or natural result of the job undertaken;
-Losses arising from intentional acts, including but not limited to: (i) assault and battery, (ii) sexual abuse or molestation, (iii) identity theft or fraud;
-Losses directly or indirectly arising out of flooding, water damage or relating to mildew, mold, fungi, spores, or other bacteria or microorganisms of any type, nature or description, including but not limited to any substance whose presence poses an actual or potential threat to human health;
-Losses beyond the specific damaged area (example, Specialist caused a scratch on the floor, the Insurance will address repairs to the scratched area only);
-Losses arising from products containing or causing hazardous or harmful materials, communicable diseases, acts of terrorism, pollution, or product liability;
-Displacement costs, including hotel and other accommodations;
-Losses arising out of acts of nature, including but not limited to: pollution, earthquakes, and weather-related events such as rain, wind, etc.;
-Losses resulting from an appointment cancellation due to a Specialists Negligence, including increased costs associated with re-booking a new appointment or hiring a third party;
-Losses resulting from theft with or without a valid police report;Losses reported more than 5 days after the job took place;
-and Losses with insufficient documentation.

Our Insurance:

You understand and agree that our Insurance is not insurance and that no Client and Specialist or third party is an insured or third party beneficiary under the terms of any On Point Assembly insurance policy.
On Point Assembly has the right to subrogate against any person or entity who may be responsible for causing the Losses giving rise to a Claim, including Clients and Specialists or any third party. By making a Claim under our Insurance you agree you will assist in and cooperate fully with any actions taken by On Point Assembly or its agents to subrogate a Claim.
If you carry insurance that would cover you in the event of a Claim, including but not limited to renter’s insurance, homeowner’s insurance, medical insurance, or an umbrella policy (“Personal Insurance”), you must seek compensation for Losses from your Personal Insurance, prior to seeking compensation by our Insurance. Our Insurance will only compensate for Losses to the extent not otherwise covered by your Personal Insurance. On Point Assembly has the right to provide a Client's and Specialist's contact information to an insurance company or to another Client and Specialist in order to facilitate a resolution of a Claim.

How to submit a Claim?

To submit a claim, you must contact us within five (5) days of the performance of the job giving rise to the Claim. Payment requests are subject to the terms and conditions noted herein. All Claims will be reviewed on a case-by-case basis. During our Claims assessment process, you agree to (i) protect and preserve any damaged property that is the basis of a Claim from further damage; (ii) assist or allow On Point Assembly or its agents access to make copies, photographs and recordings of anything relating to the Claim; (iii) allow On Point Assembly or its insurers access to inspect anything relating to the Claim (iv) accept repairs by a Specialist through our Guarantee first; (v) accept a replacement only if repairs are proven not to be an option; (vi) submit requested materials by the dates outlined by the On Point Assembly Support Team; and (vii) accept a replacement item subject to the standard depreciation of that item.

If any part of your Claim is approved, then as a condition to any payment to you under our Insurance, you will be required to execute and deliver to On Point Assembly this agreement, which includes:
-to assign to On Point Assembly or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved Claim from any person or entity that is financially responsible for the approved Claim;
-to reasonably cooperate with us, including, at our request, appearing as a witness in any litigation, arbitration, or like proceeding, if we seek to recover from any person or entity the amount paid to you with respect to an approved Claim;
-to comply with all deadlines communicated by the On Point Assembly Support Team in connection with a Claim;
to release and hold harmless On Point Assembly and its parents, affiliates, licensors, or any of such parties’ directors, officers, shareholders, agents, investors, subsidiaries, attorneys, representatives, insurers, employees, independent contractors, successors and assigns, from any further liability or obligations with respect to the facts and circumstances of the matters set forth in the Claim;
-to treat as confidential the resolution of your Claim and the contents of this agreement; and
-to refund to On Point Assembly any amounts that On Point Assembly determines to have been erroneously paid to you with respect to an approved Claim.

Defined Terms

"User" means:
Any person browsing onpointassembly.com, using our services, hiring On Point Assembly for needed services, utilizing any products, services, special website add-ons, third-party services on this site and domain, anything found on onpointassembly.com, and anything On Point Assembly offers to its users.

"Property Damage" means:
Physical damage to, loss, or destruction of tangible property.

"Bodily Injury" means:
Physical injury, sickness or disease sustained by any person, including but not limited to death resulting from any of these.

"Ineligible Property" means:
Cash or other currency, animals, fine art (paintings, photos, pictures, textiles, sculptures or other mediums of art, antiques, precious stones or metals and similar property of rare or historical value); electronic data (data or information stored electronically or in digital format including data, information, audio, video, files, databases, software, systems, applications, tapes, drives, cloud storage or data processing devices); damage to common areas; and/or items of sentimental value like heirlooms or photographs beyond the straight replacement value.

"Losses" means:
Any Property Damage and Bodily Injury other than Excluded Losses.

"Negligence" means:
A finding by On Point Assembly, in its sole discretion, that a Specialist action or omission (a) breached a duty to Client during the performance of a job and (b) was the proximate cause of that Client actual damages.