The Peak Partners Thermostat Customer Agreement

By undersigned customer (“Customer”) submitting enrollment and/or by Customer’s acceptance of Program equipment installation and participation in the Peak Partners Program (“Program”), Customer certifies that Customer is the named Fort Collins Utilities account holder and agrees to the terms of this participation agreement (“Agreement”). Acceptance of such terms, as stated herein, is a condition of participation in the Program. If Customer does not agree with these terms, Customer cannot proceed with receiving Program services.

• 1. AVAILABILITY:

  1. The Program is available, exclusively at the Company’s option, on a voluntary basis for Fort Collins Utilities Residential and Small Commercial Customers with installed standard digital meters in owner-occupied single family residences and rental properties with landlord property manager enrollment, and small commercial service customers. In addition, to qualify for participation in this Program, Customer must meet the following conditions:
     1. Customer must be a Fort Collins Utilities Light and Power Customer
     2. Customer’s residence must have a central electric air conditioning system, suitable for use with the thermostat technology utilized in this Program.System qualifiers:
        • Customer must HVAC units or heat pumps that are operated separately
        • Customer must not have a zoned HVAC system (e.g., one HVAC unit cannot be controlled by two (2) thermostats).
     3. Customer’s service location residence must have only one (1) meter.
     4. Customer must have broadband, secured Wi-Fi Internet service

• 2. FORT COLLINS UTILITIES’ OBLIGATIONS:

  1. Fort Collins Utilities will install web-programmable thermostat(s) (“thermostats” or “Equipment”) inside a qualified Customer’s home.
  2. Fort Collins utilities will provide Customer with access to the Peak Partners web/mobile dashboard for remote thermostat management, tips, and energy usage comparison information.
  3. During the Term (as defined below) of this Agreement, the Company shall maintain and repair the Equipment at the Company’s expense if there are any manufacturer-related defects or warranty issues. The Company shall repair the Equipment promptly following notification from Customer. The Company shall have the right to repair, modify or replace the Equipment at any time during the Term of this Agreement.
  4. Any modifications to the Equipment made by Customer or an unauthorized third party vendor will void Fort Collins Utilities’ obligation to repair the Equipment at the Company’s expense.
  5. Fort Collins Utilities may, in its sole discretion, permit Customer to remain in the Program if the Equipment is accidentally damaged by Customer or an unauthorized third-party vendor.
  6. Company may assign or delegate any of its rights or obligations under this Agreement to independent contractors or other third-party organizations. Customer may not assign or transfer the subject service account or any rights under the Program without Fort Collins Utilities’ written consent.

• 3. CUSTOMER’S OBLIGATIONS:

  1. If Customer and/or anyone in Customer’s household has health concerns or medical conditions that might be impacted by temperature changes, Customer should consider if it is appropriate to enroll in the Program.
  2. Customer shall schedule an appointment with Fort Collins Utilities to have the Equipment installed in Customer’s home. A responsible adult over the age of eighteen (18) years must be present during the installation.
  3. Customer shall grant to the Company reasonable access to Customer’s property throughout the Term of this Agreement as may be deemed necessary by the Company for the installation, maintenance, repair and/or replacement of all or any portion(s) of the Equipment.
  4. In the event the Equipment fails to operate or otherwise requires repairs, Customer shall notify the Company promptly by calling the designated repair telephone number provided by the Company (855-350-1464)
  5. Customer agrees to notify Fort Collins Utilities if Customer disconnects or removes the Equipment for any reason.
  6. Customer agrees to notify Fort Collins Utilities if Customer installs additional HVAC units after enrollment in the Program and installation of Equipment.
  7. If Customer elects to withdraw from the Program, Fort Collins Utilities may not remove the Equipment, but the Equipment will be immediately disabled in the Company’s operational and billing Systems and the Company will no longer support or maintain the Equipment. Nevertheless, Customer may continue to use the settings of any remaining Equipment in their home. Fort Collins Utilities will not be responsible for reinstalling Customer’s previous thermostat(s).
  8. Customer understands that Fort Collins Utilities reserves the right to modify the terms of the Program. Customer will receive notice of such Program modification(s). Customer’s continued participation in the Program following notice of such change shall be considered continued acceptance of the Program with such modified terms.
  9. Customer consents to receipt of electronic Program notices and alerts via smart phone app, email, and/or text. Customer has the right to unsubscribe of notifications.

• 4. CONSERVATION EVENTS:

  1. Customer understands that the Program requires participation in conservation cycling events (“conservation events”) during which the Company shall have the right to intermittently interrupt service to Customer’s central electric air conditioning or heat pump systems. Customer may opt-out of two (2) scheduled conservation cycling events per program season (May 1 through September 30).
     • Though not a guarantee in all situations that may arise, Conservation events typically occur on weekdays before 6:00 p.m. and usually go on intermittently for no more than 2-4 hours.
     • Customer can expect no more than 20 conservation events per year.
  2. Customer understands that during conservation events, the fan on their air conditioning system will continue to circulate air throughout their Home, if the setpoint in the thermostat is below the indoor temperature. However, the compressor in their air conditioning system, which actively cools hot air, will be shut off temporarily.
  3. Customer will permit Fort Collins Utilities to cycle the compressor of their air conditioning system off and on during times of high overall electricity demand, as detailed below:50% cycling – Customer’s compressor operates 50% of the amount of time that it did in the prior hour to the start of a conservation event. For the average home, a typical conservation event will likely result in a 1- to 3-degree rise in temperature.
  4. If Customer has more than one thermostat installed, Customer understands that the 50% cycling level will be applied to all thermostats.
  5. The Customer will be notified prior to each event. Depending on the urgency and need for each event, the notification time may vary from immediately to one (1) day prior to the event. Detailed information about each event will be sent to the Customer’s mobile device via email or text message, dependent on their notification choice. Throughout the conservation event, a notification banner will appear on the portal. The Customer will also see an indicator light on the Equipment prior to an event. The Customer must opt-out to stop receiving email notifications.

• 5. TERM AND TERMINATION:

  1. This Agreement shall be effective as of the last date of execution by the Parties. The term shall commence on the date of the successful installation of the Equipment and shall continue until Customer terminates participation or withdraws from the Program upon notice to Fort Collins Utilities. Customer shall have the right at any time to terminate their participation in the Program by notifying Fort Collins Utilities at 855-350-1464.
  2. If Customer elects to leave the Program, the Equipment will remain in the then-current state of functionality and Customer should be able to use the Program thermostat to control the temperature in their home or business unit.

• 6. TITLE TO EQUIPMENT AND DATA:

  1. The Equipment will become the property of Customer once installed in Customer’s home or business unit.
  2. Customer hereby consents to the Company’s use of any data and information collected by the Equipment or by the Company, including energy usage data. Customer further consents to allow the Company to share such data and information in aggregate form with its third party vendor Itron, DEM Inc.,. and any of Itron DEM Inc.s subcontractors who need access to such data in order to provide the functionality of the Program. The Company shall have the right to use, copy, distribute, and create derivative works from such data and information as necessary or helpful to evaluate additional products and services for the Company’s business purposes. Company will not provide customer identifiable information to any third party under the Program without Customer’s consent.
  3. This Agreement and the Equipment are not assignable or otherwise transferable by Customer.

• 7. INDEMNIFICATION:

  Customer shall release, hold harmless and indemnify Fort Collins Utilities, its employees, and agents, against any claim of liability or loss from bodily injury or property damage resulting from or arising out of the acts of the Company, its employees or agents, except, however, such claims or damages as may be due to or caused by the willful and wanton acts or omissions of the Company, its employees, or agents.

• 8. MISCELLANEOUS:

  1. This Agreement constitutes the entire agreement between Customer and Fort Collins Utilities on the subject matter hereof. No undertaking, representation, or warranty made by any agent or representative of Fort Collins Utilities in connection with the sale, installation, maintenance, or removal of services or Equipment shall be binding on Fort Collins Utilities except as expressly included herein.
  2. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado without reference to its conflict of laws principles.

• 9. LIMITATION OF LIABILITY:

  1. Customer understands that Company assumes no responsibility for the condition or repair of Customer’s central air conditioner or other equipment. Customer understands and accepts that Customer is responsible for the repair and maintenance of Customer’s equipment, including any Program equipment incorporated into the systems at Customer’s residence or business unit upon Customer’s termination or withdrawal from the Program.
  2. In no event shall either Party be liable for consequential, special, incidental, exemplary, punitive, or any indirect damages of any nature arising at any time, from any cause whatsoever. Failure to insist on strict performance of the terms will not operate as a waiver of any subsequent default or failure of performance. If any part of the above is determined to be invalid or unenforceable by a court of competent jurisdiction, at the sole discretion of Fort Collins Utilities, the invalid or unenforceable provision will be deemed ineffective and the remainder of the Agreement shall continue in effect. No joint venture, partnership, employment or agency relationship exists between Customer and Fort Collins Utilities as a result of this Agreement.