Terms and Conditions:
This is a Residential and Small Commercial Demand Response Contract under the Peaksaver® program (the “Program”) funded by the Ontario Power Authority (the “OPA”). The parties in this contract are Welland Hydro-Electric System Corp. (the “LDC”) and the residential or small commercial customer whose signature appears below (“you” or “Participant”).
Because you have enrolled in the Program as a Participant, you will be entitled to have a device (a “Device”) installed in, on or outside your premises that from time to time controls how much electricity your central air conditioner and optionally your electric water heater will use and you will be entitled to receive a one time payment of twenty five dollars ($25.00) applied directly against your LDC hydro account, whether one or more Devices are installed. You will also have certain obligations, as follows:
(a) You have a central air conditioning system and/or electric water heater in good working condition. You agree that the LDC will not be responsible for repairs, maintenance or replacement of this equipment or any other HVAC equipment as a result of the installation of the Device.
(b) You permit the Device to be installed in, on or outside your premises, by one of the LDC’s registered contractors.
(c) You agree to allow a representative of the LDC to have reasonable access to your premises in order to install, inspect, and test the Devices as required.
(d) Ownership of the Device reverts to you upon signed receipt of the Device. The LDC will not be responsible for removal of the Device should you choose to withdraw from the program. It is expected that the device will remain installed for at least 36 months. If you withdraw from the program within 12 months from registration, you are obligated to return the device to the LDC at your own cost. Additionally, if you withdraw from the program within 12 months of registration, it will be within the LDC’s discretion to reclaim any or all of the one-time twenty-five dollar ($25.00) payment that was applied against your hydro account after enrolling in the peaksaver program.
(e) You agree that the OPA or its contractor have the right to, and may control, each Device. When a Device is activated, it will interrupt power to the appliance to which it is attached for a period of time in order to reduce demand for electricity. Each Device may be activated to control electricity demand of the appliance to which it is, for a maximum of four hours per day, and an aggregate maximum of 40 hours each season from May to September, inclusive, plus emergencies. You agree not to authorize anyone else to control any Device that is at your premises.
(f) You agree that the service providers who are authorized to operate your Devices, and to install, inspect, and test them, have the right to collect, use and disclose – but only for the purposes of the Program – your name, address, telephone number, email address and other personally identifying information. Disclosure of your personal information may be made to the LDC and to the OPA, or to the service providers of either of them. However, your personal information will not be disclosed or used for purposes that do not relate to the Program.
(g) You may submit a request that you terminate participation in the Program. The LDC will comply with such request provided it is made in writing at least ten (10) business days in advance. Where a Device replaces a thermostat, you should retain the old thermostat. When you exit the Program for any reason, you will be responsible for reinstallation of the old thermostat and any related expenses.
(h) You may make an opt-out request asking that a Device be taken out of operation for a period not to exceed 48 hours.
(i) You will arrange to have the Device installed within 45 days of receipt by one of the HVAC contractors from the list provided to you by the LDC. If not, the LDC will apply a charge to your account in the amount of $225.00 plus applicable taxes, and you will promptly pay the full amount when billed.
(j) You are the owner of the premise on which the Device is being installed. If you are the tenant, you will have a signed acknowledgement form by the owner to allow installation of the Device.
(k) When installing the Device during cold weather conditions, the air conditioning system can only be tested by having the HVAC contractor ensure that the A/C contactor is successfully closing when the Device is set to cool. You waive any liability rights against the HVAC contractor, the LDC, the OPA and Util-assist Inc. for any air conditioning issues which may arise in subsequent cooling seasons. The maximum liability that the LDC, the OPA and their respective agents, employees, officers, directors and shareholders (and any other person for whom the LDC or the OPA is at law responsible) (collectively, the “Indemnities”) is limited to the amount that you were paid for your participation in the Program. None of the Indemnities will be liable for any indirect damages of any kind, nor for any inconvenience that is suffered by you, any member of your family or any occupant or guest. You agree to indemnify the Indemnities if you or any member of your family, occupant or guest seeks damages against any of them for any reason that is connected with this contract or the Device.
This contract shall be interpreted under Ontario law. You may not assign this contract. This contract may be amended by the LDC with thirty (30) days notice to you. If you do not agree with any such amendment, you may terminate this contract.
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