1. The 4th Bin 360 Protection Plan. This plan (the “Plan”) governs the hardware service provided to you by 4th Bin for 4th Bin-provided computers (“Covered Equipment”) for which you have elected to purchase damage protection coverage.
  2. When Coverage Begins and Ends. Coverage begins upon your receipt of the Covered Equipment and ends upon return of the Covered Equipment, or at the end of the month in which you provide written notice to 4th Bin of your election to terminate coverage, or earlier as set forth herein.
    1. If during the Plan term, you submit a valid claim by notifying 4th Bin that Covered Equipment has sustained Accidental Damage from Handling (“ADH”), 4th Bin will, at its discretion and subject to the service fee described below, either
      1. repair the defect using new or refurbished parts that are equivalent to new in performance and reliability, or
      2. exchange the Covered Equipment with a replacement product that is new or equivalent-to-new in performance and reliability (both individually known as a “Service Event”).
    2. ADH coverage only applies to an operational or mechanical failure caused by an accident from handling that is the result of an unexpected and unintentional external event (e.g. drops and damage caused by liquid contact from spills) that arise from normal daily usage of the Covered Equipment as intended for such Covered Equipment.
    3. ADH coverage does not:
      1. include protection against normal wear and tear, excessive or catastrophic damage, theft, misplacement, or damage caused by reckless, abusive, willful or intentional conduct associated with handling and use of the Covered Equipment;
      2. include provision of temporary equipment while the Covered Equipment is being serviced;
      3. apply to damage caused by (a) abuse, misuse, or reckless, willful or intentional conduct, (b) flood, fire, earthquake or other similar external causes, (c) operating the Covered Equipment outside the permitted or intended uses described by the manufacturer, or (d) service (including upgrades and expansions) performed by anyone who is not a representative of 4th Bin or a 4th Bin authorized service provider;
      4. apply to Covered Equipment with a serial number that has been altered, defaced or removed, or has been modified to alter its functionality or capability without the written permission of 4th Bin;
      5. apply to Covered Equipment that has been lost or stolen. This Plan only applies to Covered Equipment returned to 4th Bin in its entirety;
      6. apply to cosmetic damage to the Covered Equipment, including but not limited to scratches and dents that do not otherwise affect the functionality of the Covered Equipment;
      7. apply to defects caused by normal wear and tear or which is otherwise due to normal aging of the product;
      8. apply to a pre-existing condition on any Covered Equipment if you purchased the Plan after you purchased the Covered Equipment. 4th Bin has the right to inspect any equipment before you elect to purchase coverage hereunder;
      9. apply to excessive or catastrophic physical damage to Covered Equipment (e.g. products that have been crushed or bent);
      10. apply to excessive or catastrophic damage to Covered Equipment caused by liquid contact (e.g. products that have been partially or wholly submerged in liquid); or
      11. apply to damage to Covered Equipment caused by the presence of hazardous materials, including, but not limited to, biological materials and allergens, that present a risk to human health.
      12. Important: Do not open the Covered Equipment, as damage caused as a result of opening the equipment is not covered by this Plan. Only 4th Bin or its authorized service provider may perform service on the Covered Equipment.

      4th Bin may ask you to provide an explanation of where and when the accident occurred with a detailed description of the actual event. 4th Bin will deny your claim if you fail to pay the service fee or fail to provide information relating to the accident when asked.

  3. Fees. 360 Protection Coverage fees will be set forth in your Service Order. In addition, you will pay an $89 service fee plus applicable tax for a screen-only ADH claim or an external enclosure-only ADH claim (“Tier 1 ADH Claim”) or a $279 service fee plus applicable tax for all other ADH claims (“Tier 2 ADH Claim”). 4th Bin may charge in advance the auto-payment method that it has on file for these services.To qualify for the Tier 1 ADH Claim fee, the Covered Equipment must have no additional damage beyond the screen-only damage (if applicable) or the external enclosure-only damage that would prevent 4th Bin from repairing the display or external enclosure. Any Covered Equipment with additional damage will be charged the price of the Tier 2 ADH Claim fee.ADH coverage will expire for any particular unit of Covered Equipment once 4th Bin has provided two (2) Service Events for such item. Following scheduled replacement, such new unit shall again be eligible for coverage hereunder.
  4. How to Obtain Service and Support. You may obtain hardware services relating to ADH coverage by emailing techsupport (at) 4thbin.com or calling your Account Manager.
  5. Service Options. 4th Bin will provide hardware services to you through one or more of these options:
    1. Carry-in service. Carry-in service is available for most Covered Equipment. Return the Covered Equipment to a designated 4th Bin location. Service will be performed for you at the designated location, or the 4th Bin may send the Covered Equipment to a third-party repair service. Once you are notified that service is complete, you will promptly retrieve the Covered Equipment.
    2. Onsite service or onsite pickup/drop-off service. Onsite services are available for many computers if the location of the Covered Equipment is within a 4th Bin service area. If 4th Bin determines that onsite service is available, 4th Bin will either dispatch a service technician to the location of the Covered Equipment for service to be performed at the location, or it will dispatch an operations team member to transport the Covered Equipment to a 4th Bin designated location for repair. Once the item is fixed, an operations team member will return it to the client location. 4th Bin reserves the right to quote and charge an additional fee for these services.
    3. Mail-in service. If 4th Bin determines that your Covered Equipment is eligible for mail-in service, you must ship the Covered Equipment to a 4th Bin designated site in accordance with 4th Bin’s instructions. Once service is complete, 4th Bin will return the Covered Equipment to you. 4th Bin will pay for shipping to and from your location if you follow all instructions.

    4th Bin reserves the right to change the method by which 4th Bin may provide repair or replacement service to you, and your Covered Equipment’s eligibility to receive a particular method of service. Service options, parts availability and response times may vary.

  6. Your Responsibilities. To receive service or support under the Plan, you agree to comply with each of the terms listed below.
    1. You will provide the applicable Service Order, if requested.
    2. You will provide information about the symptoms and causes of the issues with the Covered Equipment.
    3. You will respond to requests for information, including but not limited to the Covered Equipment serial number, model, version of the operating system and software installed, any peripherals devices connected or installed on the Covered Equipment, any error messages displayed, the actions which were taken before the Covered Equipment experienced the issue and the steps taken to resolve the issue.
    4. You will follow instructions 4th Bin gives you, including but not limited to refraining from sending 4th Bin products and accessories that are not subject to repair or replacement service and packing the Covered Equipment in accordance with shipping instructions.
    5. You will make sure to back up software and data residing on the Covered Equipment. DURING HARDWARE SERVICE, 4TH BIN MAY DELETE THE CONTENTS OF THE COVERED EQUIPMENT, REFORMAT THE STORAGE MEDIA, AND REINSTALL THE COVERED EQUIPMENT’S ORIGINAL SOFTWARE CONFIGURATION AND SUBSEQUENT UPDATE RELEASES, WHICH WILL RESULT IN THE DELETION OF ALL SOFTWARE AND DATA THAT RESIDED ON THE COVERED EQUIPMENT PRIOR TO SERVICE. 4th Bin will return your Covered Equipment or provide a replacement as the Covered Equipment was originally configured, subject to applicable updates. 4th Bin may install operating system updates as part of hardware service that will prevent the Covered Equipment from reverting to an earlier version of the operating system. Third-party applications installed on the Covered Equipment may not be compatible or work with the Covered Equipment as a result of the operating system update. You will be responsible for reinstalling all other software programs, data and passwords.
  7. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 4TH BIN AND ITS EMPLOYEES AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY SUBSEQUENT OWNER OF THE COVERED EQUIPMENT FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA OR THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA, ANY LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM 4TH BIN’S OBLIGATIONS UNDER THIS PLAN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF 4TH BIN AND ITS EMPLOYEES’ AND AGENTS’ LIABILITY TO YOU AND ANY SUBSEQUENT OWNER ARISING UNDER THE PLAN SHALL NOT EXCEED THE ORIGINAL PRICE PAID FOR THE PLAN. 4TH BIN SPECIFICALLY DOES NOT WARRANT THAT (i) IT WILL BE ABLE TO REPAIR OR REPLACE COVERED EQUIPMENT WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA, (ii) IT WILL MAINTAIN THE CONFIDENTIALITY OF DATA, OR (iii) THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE.
  8. Cancellation. You may cancel this Plan at any time for any reason by sending written notice to 4th Bin, Attn: 360 Administrator, 708 3rd Ave., 6th Floor, New York, NY, 10017, or by emailing your account manager. You must send a copy of the Plan’s applicable service order with your notice. Cancellation will take effect upon the end of the month in which notice is received. 4th Bin may cancel this Plan for fraud or material misrepresentation. 4th Bin may also cancel this Plan if service parts for the Covered Equipment are not available, upon thirty (30) days prior written notice. Upon the effective date of your early cancellation, 4th Bin’s future obligations under this Plan to you are fully extinguished.
  9. General Terms.
    1. 4th Bin may subcontract or assign performance of its obligations to third parties but shall not be relieved of its obligations to you in doing so.
    2. 4th Bin is not responsible for any failures or delays in performing under the Plan that are due to events outside 4th Bin’s reasonable control.
    3. In carrying out its obligations 4th Bin may, at its discretion and solely for the purposes of monitoring the quality of 4th Bin’s response, record part or all of the calls between you and 4th Bin.
    4. You agree that any information or data disclosed to 4th Bin under this Plan is not confidential or proprietary to you. Furthermore, you agree that 4th Bin may collect and process data on your behalf when it provides service. This may include transferring your data to affiliated companies or service providers in accordance with 4th Bin’s privacy policies.
    5. 4th Bin has security measures in compliance with the e-Stewards and R2 certification standards, which should protect your data against unauthorized access or disclosure as well as unlawful destruction. You will be responsible for the instructions you give to 4th Bin regarding the processing of data, and 4th Bin will seek to comply with those instructions as reasonably necessary for the performance of the service and support obligations under the Plan. If you do not agree with the above or if you have questions regarding the processing of your data, contact 4th Bin at the telephone numbers provided.
    6. The terms of this Plan, shall prevail over any conflicting, additional, or other terms of any service order or other document, and constitute your and 4th Bin’s entire understanding with respect to the Plan.
    7. 4th Bin is not obligated to renew this Plan. If 4th Bin does offer to renew this Plan, it will determine the price and terms.
    8. Except where prohibited by law, the laws of the State of New York shall govern this Plan. If these terms are inconsistent with the laws of any jurisdiction where you purchase this Plan, then the laws of that jurisdiction will control.

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