ELECTRIC WATER HEATER CONTROL PROGRAM – Term and Conditions

AGREEMENT 

EfficiencyOne (“E1”) and Nova Scotia Power Incorporated (“NSPI”) are commencing an innovative electric water heater direct load control program (the “Program”) where customers have a water heater controller (the “Controller”) installed on or near their electric resistance water heater. While enrolled in the Program, NSPI shall have primary control of the Controller, including occasionally and temporarily powering on or off the water heater.  

Participation. By signing this Agreement, the Customer agrees to be a participant in the Program which involves the installation of the Controller in the Home. The Controller is to be installed in the Home and will include all equipment required in order for the Controller to run effectively (the “Equipment“). Equipment may include wiring, sensors, a mounting bracket, or other materials necessary for the proper installation and operation of the Controller as identified by the installer. The Customer shall receive an annual incentive for participating in the Program. 

Installation. E1 will provide all labour and materials for installation of the Equipment. 

1. ELIGIBILITY: E1 reserves the right to refuse to install the Equipment, including where: i) the proposed installation site is unsafe and/or impractical; and ii) where the Home is deemed unsuitable by E1 for participation in the Program. 
2. LIABILITY: The Customer acknowledges that the Equipment must be installed as directed by the manufacturer of the Equipment and will be connected to the Home’s electrical system. By accepting installation of the Equipment, the Customer agrees that neither E1, NSPI nor its installer shall be liable for any damages that are caused as a result of any modifications to the Equipment or the Home, or as a result of the Customer’s negligence (including negligence of any household member, agents, servants, employees, tenants, licensees, invitees, or independent contractors). For the first year, E1 shall be responsible for damages relating to the installation of the Equipment and manufacturer’s defects. After the first year, E1 shall no longer be liable for any damages whatsoever and the Customer shall bear sole responsibility for the Equipment. NSPI shall no longer be liable for any damages whatsoever at any time. 
3. MOVING EQUIPMENT: If the Customer chooses to make any renovations or modifications to the Home that would require temporary disconnection, relocation or reinstallation of the Equipment, any costs associated with such work will be at the Customer’s sole cost. 

Term. The term of this Agreement shall commence from the date of this Agreement first written above and shall run until E1 and NSPI deems the Program complete (the “Term“). The Customer will be notified of Program completion by email sent to the Email Address set out on page 1. 

Data. During the Term, E1 and NSPI will be collecting data, including usage data, related to the Home’s water heating system and its connection to the Equipment (the “Data“). The Data will be transmitted through the equipment manufacturer’s system to E1 and NSPI (the “E1/NSPI Connection“) via the use of the Customer’s Wi-Fi or a cellular connection. E1/NSPI and the equipment manufacturer are the owners of the Data. Depending on the equipment installed, some Customers will be provided with access to certain portions of the Data (the “Shared Data“) via a customer application (the “Customer Application“). The Customer acknowledges that their participation in the Program serves as consent to the collection of their personal and other information by E1, NSPI, and the equipment manufacturer, subject to E1’s and NSPI’s privacy policies (which can be accessed at https://www.efficiencyns.ca/privacy-policy/ and https://www.nspower.ca/privacy-statement), and the equipment manufacturer’s privacy policy which will be provided to the customer when available. 

Maintenance, Repair, and/or Replacement. E1 will provide any regular service updates and maintenance of the Equipment during the term of this Agreement. The Customer will promptly notify E1 if other maintenance or repair of the Equipment is needed, particularly as described in Paragraph 6.3 below. Following such notice, and within a reasonable time, E1 will make necessary repairs during regular service hours. The cost for the repair(s) shall be the responsibility of E1 unless repairs or replacement are due to: a) damage or other equipment failure due to causes beyond E1’s control including, but not limited to, repairs necessary due to the negligence of the Customer or of their household members, agents, servants, employees, tenants, licensees, invitees, or independent contractors; b) the Customer’s breach of this Agreement, abuse, vandalism, theft, fire, flood, or other insurance risks; c) any unauthorized modifications or alterations to the Equipment; or d) any defect in materials, suitability, workmanship or design of the materials associated with the Equipment that were not provided for or installed by E1 under this Agreement. In no event shall E1 be responsible for the repair or maintenance of any equipment or any other matter that was not a part of E1’s installation of the Equipment. Once the Agreement has concluded, regular service updates, maintenance and any other operational requirements for the Equipment shall be the responsibility of the Customer. 

Access and Care. The Customer agrees that they will: 

1. Provide unobstructed access to the Equipment, including access to the electrical panel in the Home, to E1, its installers, representatives, employees and agents for necessary maintenance, repair, removal, and exchange, as applicable. E1 will provide at least 24 hours’ notice of an on-site visit, other than in the case of an emergency; 
2. At all times take reasonable care of the Equipment; and 
3. Immediately contact E1 in the event of any damage to the Equipment or if the Customer notices any unusual activity related to the Equipment. 

Further, the Customer agrees that they will not: 

1. Permit removal, relocation, alterations, or repair of or tampering with the Equipment without the written permission of E1; and 
2. Allow any third party to access the Equipment or the Customer Application described in Paragraph 1 for the purposes of retrieving Data. 

Confidentiality. Confidential information is defined as all terms of this Agreement, all information about the Equipment and all information related to the business or products not generally known to the public. The Customer agrees not to disclose any Data to any third party, or to otherwise disclose any Confidential Information related to the Customer’s participation in the Program in any forum (such as, for example, social media platforms) without E1 and NSPI’s permission. 

Controller Communication. If the Customer has been provided a Wi-Fi communicating controller, the Customer shall also be responsible to maintain a reliable Wi-Fi internet connection with the Customer’s internet provider to the Controller and take reasonable steps to reconnect the Controller to the same reliable Wi-Fi internet connection if connection is lost, for the duration of the Program.  

Ownership Transfer. Provided that the Customer is not in default under this Agreement, ownership of the Equipment will automatically transfer from E1 to the Customer upon the Customer’s first full year of enrollment. The Customer agrees that the Equipment will be transferred to the Customer “as is” with no warranties, express or implied, from E1 or NSPI and the Customer will assume sole responsibility for the Equipment. Unless otherwise expressly provided in this Agreement, once the Term has expired this Agreement shall terminate and will be of no further force and effect, excepting any clauses which expressly survive termination, and E1 and NSPI will have no further obligations to the Customer or in relation to the Equipment. Unless ownership of the Equipment has transferred to the Customer the Equipment shall be and remain the property of E1 and shall not be or become fixtures and/or part of the said Home. 

Termination. E1 and NSPI may cancel the Program and terminate this Agreement at any time, or otherwise terminate this Agreement for the Customer’s failure to comply with any provision of this Agreement. The Customer may elect to terminate this Agreement prior to the expiry of the Term for any reason without penalty. Upon termination, E1 and NSPI will cede control of the Equipment to the Customer. If termination occurs within the Customer’s first full year of enrollment in the Program, E1 and NSPI has the right, but not the obligation, to disconnect the Equipment, remove the Equipment and/or pursue any other remedies at law. E1 or NSPI’s failure to exercise these rights is not a waiver of default or any future default.

Request for Removal. Request for the removal of Equipment by the Customer will be approved and arranged at the discretion of E1 and will be handled on a case-by-case basis.  

Program Changes. The Program terms and conditions are subject to change by E1/NSPI from time to time during the Term. E1/NSPI shall provide reasonable notice to the Customer of such changes. 

Collection of Personal Information. The Customer’s personal information as contained in this Agreement and any related documentation is collected by E1/NSPI for the purpose of assessing the Customer’s ongoing suitability to participate in the Program and evaluating the Program and evaluating suitability for other programs, and shall be used only for those purposes or a consistent purpose. E1 and NSPI may share your personal information with service providers or third parties who are assisting E1 and NSPI with this program, otherwise E1 and NSPI will not knowingly share your personal information with other third parties without your permission. The Customer acknowledges that their participation in the Program serves as consent to the collection of their personal and other information by the Equipment’s manufacturer, for the duration of the Term.  

Warranties. Except as expressly stated herein, or as provided by the manufacturer or installer of the Equipment, to the extent permitted by law, any warranties or guarantees provided under applicable legislation are hereby excluded. 

Liabilities. E1 and NSPI shall not be liable for any direct, indirect, special, or consequential damages to any persons or property in connection with NSPI’s control of a customer’s water heater. E1 and NSPI assume no risk and shall not be liable for any property damage or personal injury resulting from an act of God or from accidents, negligence or other actions of any person not employed by E1 and NSPI. 

Sale of Home. A sale or transfer of the Home shall be considered an early termination of this Agreement by the Customer unless the Customer arranges for the Equipment to be relocated to the Customer’s new property or organizes for the transferee to take over the Agreement. The transferee will be required to sign a new agreement with E1 and NSPI in order for the transfer to be effective. E1/NSPI will permit the transferee of the Home to assume the Customer’s rights and obligations under this Agreement, effective from the date of sale or transfer, provided that: 

1.  The Customer notifies E1 30 days in advance of the sale or transfer of the transferee’s name and intended date of sale or transfer; 
2. The Customer notifies E1 30 days in advance of the sale or transfer of the address and telephone number where the Customer can be contacted after the date of sale or transfer; 
3. The transferee agrees in writing to assume the Customer’s obligations under this Agreement; and 
4. The Customer consents to the disclosure of this executed Agreement to the transferee and authorizes E1 and NSPI to respond to information requests relating to this Agreement made by or on behalf of the transferee. 

 Joint and Several. If more than one person is named as Customer, each person is individually liable, and all are collectively liable, for all obligations imposed on the Customer by this Agreement. 

 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, legal representations, administrators, successors and assigns. The Customer agrees that no affirmation, representation or warranty by any agent, employee, or representative of E1/NSPI or its installer(s) shall bind E1 or NSPI or be enforceable by the Customer unless it is specifically included in this Agreement. This Agreement may not be waived, altered or modified except by written agreement of both of the parties. This Agreement contains the entire Agreement between the parties. 

Clauses Surviving Termination. Any indemnification, ownership and confidentiality provisions in this Agreement shall survive any termination of this Agreement. 

Invalidity of Provision. The invalidity or unenforceability of any provision of this Agreement or any covenant in it shall not affect the validity or enforceability of any other provision or covenant in it and the invalid provision or covenant shall be deemed to be severable from the remainder of this Agreement. 

Promotional Item(s) You may be eligible for additional products installed by an electrician during this visit. If you consent to have the products installed, you are therefore consenting to the following terms and conditions.

Installation. E1 will provide all labour and materials for installation of the Equipment.

1. ELIGIBILITY: E1 reserves the right to refuse to install the Equipment, including where: i) the proposed installation site is unsafe and/or impractical; and ii) where the Home is deemed unsuitable by E1 for participation in the Program.
2. LIABILITY: The Customer acknowledges that the Equipment must be installed as directed by the manufacturer of the Equipment and will be connected to the Home’s electrical system. By accepting installation of the Equipment, the Customer agrees that neither E1 nor its installer shall be liable for any damages that are caused as a result of any modifications to the Equipment or the Home, or as a result of the Customer’s negligence (including negligence of any household member, agents, servants, employees, tenants, licensees, invitees, or independent contractors).
3. REMOVING EQUIPMENT: If the Customer chooses to have the product removed, any costs associated with such work will be at the Customer’s sole cost. The products removed from your home will be recycled or disposed of and will not be able to be reinstalled.

Efficiency Nova Scotia makes no warranties, expressed or implied, and Efficiency Nova Scotia disclaims and negates all other warranties, including without limitation, implied or conditions of merchantability, and fitness for a particular
purpose. Further, Efficiency Nova Scotia does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the products installed in your home.