Peak Rewards Customer Agreement
- By submitting your enrollment, and/or by your participation in the peak rewards program (“the program”) you (“customer”) agree to the terms of this participation agreement with the exclusive City of Wadsworth contractor (comverge) of the program. If you do not agree with these terms, please contact comverge at 866-224-8287 to request that your name be removed from the program before any equipment is installed. If you do not agree to these terms after the equipment has been installed, please contact comverge to have the equipment removed.
- Comverge will install a web-programmable thermostat inside the Customer’s home or a digital cycling unit (DCU) outside Customer’s home adjacent to the Customers central air conditioner unit (referred to herein as “the Equipment”). Customer agrees to provide the City of Wadsworth or its Contractor with access, at reasonable times, to Customer’s premises to install, inspects, maintain and/or repair the Equipment.
- Customer understands that the Equipment will permit the City of Wadsworth to cycle off the compressor on Customer’s central air conditioner unit, electric hot water heater or pool pump during times of high overall electricity demand.
- The incentives Customer will receive in consideration for participation are $25 installation bill credit for customer’s enrolling with a central air conditioner unit, and $40 annual participation credits, which will be split into (4) monthly credits, $10 per month June to September. Additional devices are also eligible for monthly participation credits. Qualifying pool pumps earn a $1 per month bill credit (June to September). Participating electric hot water heaters earn a $1.50 per month bill credit (June to September). The City of Wadsworth may, from time to time, modify the incentive structure.
- The Equipment shall remain the property of the City of Wadsworth. None of the Equipment shall become a fixture. Customer agrees to notify the City of Wadsworth in Customer disconnects or removes the Equipment. This agreement and the Equipment supplied by the City of Wadsworth are not assignable or otherwise transferable by the Customer.
- Customer shall have the right at any time to terminate the service by notifying the City of Wadsworth in writing or by telephone.
- The City of Wadsworth will not be liable to Customer or to any third party for any losses or damages including the loss of profits, loss of earnings, loss of business opportunities, and personal injuries (including death), including, without limitation, any damage resulting from or arising out of Customer’s participation in the Program.
- Customer understands that the City of Wadsworth assumes no responsibility for and shall have no responsibility for the condition or repair of Customer’s central air conditioner or other equipment. Customer understands that Customer is responsible for the repair and maintenance of Customer’s equipment.
- The program and equipment are provided “as is”. Customer understands and acknowledges that the City of Wadsworth makes no representations or warranties about the equipment or program, which are both provided without warranty of any kind, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. All warranties are disclaimed by the City of Wadsworth to the fullest extent permitted by the law.
- Customer agrees to hold harmless, defend, and indemnify the City of Wadsworth, and its subsidiaries, affiliates, officers, agents, and employees, from and against any third-party claim arising from or in any way related to your improper use of the Equipment or the Program, including any liability or expense arising from all claims, losses, damages (actual or consequential), suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature. In such a case, the City of Wadsworth will provide Customer with written notice of such claim, suit, or action.
- This Agreement constitutes the entire agreement between the Customer and the City of Wadsworth. No undertaking, representation, or warranty made by any agent or representative of the City of Wadsworth in connection with the sale, installation, maintenance, or removal of the City of Wadsworth’s services or the Equipment shall be binding on the City of Wadsworth except as expressly included herein.
- Customer understands the City of Wadsworth reserves the right to modify the terms of the Peak Rewards Program. Customer will receive notice of such Program modification. Customer’s continued participation in the Program following notice of such change shall be considered acceptance of such modification.
- The City of Wadsworth may assign or delegate any of its rights or obligations under this Agreement to third-party organizations. Customer’s rights may not be assigned or transferred without the City of Wadsworth’s written consent.
- The above provisions regarding events beyond the City of Wadsworth’s control, warranties, disclaimers of warranty and liability, and termination will survive the termination of this Agreement. 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, then 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 the Customer and the City of Wadsworth as a result of this Agreement.