Trico Electric Cooperative, Inc.
Thermostat Energy Management
Program (TEMP) TERMS AND CONDITIONS
Welcome to the Trico Electric Cooperative ("Trico")
Thermostat Energy Management Program (TEMP)! The TEMP Program (“Program”)
allows you to participate in a program offered by Trico Electric Cooperative,
Inc. (“Trico” or “Utility”) through which you may receive incentives for your
continued enrollment.
Trico has contracted with Open Access Technology
International, Inc. (“OATI”), a company that offers demand response management
systems, to provide services allowing Trico to schedule and manage limited
duration control of Smart Thermostat devices enrolled into the Program.
By submitting your enrollment information for
consideration for acceptance to participate in the Program you (“Member” or
“You/Your”) acknowledge and confirm that You:
Have read and understand this Agreement and
Trico’s terms for participation in the Program;
Have read, understand,
and agreed to comply with the terms of the Demand Response Program – Thermostat
Program Rider Agreement (www.Trico.coop), the
applicable Trico tariff, Trico’s terms for participation in the Program, and
Trico’s Rules, Regulations and Line Extension Policies all of which are
incorporated by reference;
Have read,
understand and agreed to OATI’s Terms and Conditions, as they may be updated from
time to time, which are incorporated by reference as made available here:
https://www.oati.com/Solution/Smart-Energy/Smart-Thermostat/OATI;
Agree to allow Trico to remotely inform your
Smart Thermostat device of the existence of a demand response event, causing
the device to automatically change the temperature setpoint in your home
without any manual intervention by you;
Consent to share your personal information
with Trico OATI solely for the purposes identified below;
Remain responsible for maintenance, repair
and replacement of the device system, at your own expense; and
Understand that the Program’s eligibility
requirements and incentives may be modified or the Program may be terminated at
any time and for any reason without notification.
General
Information
The Program is a voluntary program made available by Trico
to its residential and small commercial electric customers (as limited by and
subject to the terms of the applicable Tariff and/or Rider, approved by the
Arizona Corporation Commission) for the purpose of managing demand in the
pursuit of lowering energy costs and providing cost-effective, sustainable
energy solutions. To apply for enrollment into the Program, visit www.trico.coop.
Qualifying Members will have the opportunity to earn an
incentive from Trico by allowing Trico to control the use of their smart
thermostat through their qualifying smart thermostat between June 1st
and September 30th when the demand for electricity is the highest.
For your
participation in the TEMP Program and full compliance with these terms and
conditions Trico will provide you with the incentives described in the
applicable rate tariff and/or rider.
Below are important terms that you must understand and
agree to in order to participate in the Program:
Eligibility: This is a voluntary program for Utility’s eligible
electric customers. To be eligible for the Program, in addition to agreeing to
this Agreement and any all applicable tariffs, riders, rules, terms and
conditions, you must: (1) have an electric service account, in good standing,
with Trico; (2) have an installed, operable, and compatible Smart Thermostat
controlling your air conditioning units, at your service address (Trico shall
have sole discretion to determine the number of thermostats that are eligible
for incentives); and (3) maintain the air conditioning equipment and Smart
Thermostat unit as the primary cooling control system(s) at your service
address.
Trico shall have all rights described in the applicable
tariff, rider, and rules, regulations and lines extension policies, as amended
from time to time.
Device Connectivity and Access for Trico: To participate, you must allow Trico access
to control your device. You are responsible for acquiring and maintaining: (i)
a working and reliable internet connection and Wi-Fi network (if device
requires Wi-Fi) and other related equipment in your home that is positioned to communicate
reliably; (ii) an internet service provider ("ISP") providing
reliable service; (iii) other system elements that may be specified as required
by Trico or the manufacturer of any required equipment (i.e. smart phone apps
and active accounts with the smart thermostat manufacturer). You are
responsible for all costs for the device, internet connection, system elements,
and for all fees charged by the ISP in connection with participation in the
Program. You agree to use best efforts to maintain and repair your Wi-fi,
internet service, system elements, thermostat, and air conditioning equipment
to keep it/them in satisfactory operating condition.
You must satisfy these requirements for as long as you
are in the Program, using best efforts to maintain connectivity of your Smart
Thermostat, and ensure it is online and able to be called upon during a Program
event. Your participation in the Program may be terminated in the event that Trico
is unable to communicate with or access your Smart Thermostat and communication
or access is not restored within thirty (30) days. If communication or access
is restored at a future date, you may opt back in if the program is accepting
new participants and Trico approves, in its sole discretion.
Program Modification or Termination: Trico may modify or terminate the Program
for any reason including, but not limited to, change in regulations and/or not receiving
approvals from governing regulators; decision of a Utility’s Board to modify or
discontinue the Program; Smart Thermostat Manufacturer changes or discontinuance
of support for the Program; and other such events. If any of these happen,
Trico will notify you. You may not receive further Program incentives after
such termination of the Program. In any event, Trico reserves the right to substitute
an incentive of equal value to any described program participation incentive at
Trico’s sole discretion at any time.
Control of Device: You acknowledge and agree that Trico may
control your Smart Thermostat device(s) in your home to remotely trigger an
event that will cause your Smart Thermostat to automatically change the
temperature set point (both up and down as described in the applicable Rider)
on that day, without any manual intervention by you. You will have the ability
to opt out of event control and override any Trico control by adjusting your
Smart Thermostat to a different temperature or, where supported by your Smart
Thermostat Manufacturer, by using the mobile or web application you regularly
use with your Smart Thermostat. You understand that if you opt out or override
an event’s control settings, you may affect your incentives or program
eligibility. Program events may take place during the time periods identified
in the Program rider, rate and/or tariff.
Events may
be called from June 1 to September 30 (“Program Season”), under the following
criteria:
For All
Thermostats (Please review tariff and/or rider on Trico’s website www.trico.coop for any updates or changes)
· - Maximum of
four hours per Event
· - Any day of
the week including weekends and holidays
· - One Event
per day
· - Thermostat
may be increased up to four degrees above initial set point during the duration
of each Event
· - Thermostat
may be lowered by three degrees up to one-hour prior to the called Event period
· - Thermostat
will be returned to its initial set point at the conclusion of the Event
· - Events are
identified and called in Trico’s sole discretion.
You
authorize Trico to contact you by email, phone, text, push notification, and
other means for items and issues related to the Program, including but not
limited to, providing advanced notice when events are scheduled to occur. Trico
shall have discretion to determine the method for notice.
Data Access, Usage and Sharing: By submitting your enrollment information for
consideration to participate in the TEMP Program, You authorize Trico, OATI,
and their respective agents, contractors, and service providers, to collect,
review, and share your personal information or data related to your enrollment
and participation in the Program, which can include but is not necessarily
limited to your name, email address, service address, utility account number,
thermostat serial number, activation date, your enrollment information, statistics
and data about your energy use, any opt out decisions or actions by you, or
other information related to your participation in the Program. Any personal
information or data collected by Tricos or OATI during the course of the
Program will be used for administering the Program, planning purposes,
analysis, and reporting on the Program pursuant to this Agreement. This
information will also be used by Trico and OATI for administration, evaluation,
and reporting on the Program, and analyzing the need for other programs and
options and verifying the size, scope and activity of the Program.
You agree that information about Your service account,
energy usage, and devices connected to Your service account, as well as any
information You provide while applying for the Program or that is related to
the Program may be shared by the Utility and OATI for the purpose of ensuring
enrollment eligibility, compliance with Program requirements and analyzing and
reporting on program performance data. You consent to receive emails and other
notifications sent by the Utility and OATI related to your participation in the
Program.
The Utility and OATI may summarize or provide information
about the results of the Program in publicly available studies or reports,
including but not limited to reports to Trico’s balancing authority, market
regulators, or other regulatory entities. In such case, data will be anonymized
in a way that you cannot be individually identified. By signing up to
participate in the Program, You consent to this information being accessed and
provided to or by Trico, OATI, and/or their respective agents, contractors, and
service providers.
Enrollment & Term: Agreement with these terms and conditions
shall be effective commencing on your submission of enrollment information and
continue in effect in perpetuity unless or until terminated by either party.
Either party may terminate this Agreement for any reason by providing the other
party written or verbal notice to the other party. Participation in the Program
is voluntary and you may withdraw from the Program at any time. Withdrawal may
render you ineligible to receive Program incentives or participate in the
Program in the future. You may provide written notice to Trico at the following
address: Trico Electric Cooperative PO Box 930 Marana, AZ 85653 and/or TEMP@trico.coop.
If you violate the terms and conditions of this
Agreement, Utility may immediately terminate your participation in the Program,
and may elect to disqualify you from eligibility for incentives and/or future
participation in the Program.
Liability: YOU ASSUME ALL RISK OF PARTICIPATION IN THE PROGRAM. IN
NO EVENT SHALL TRICO (INCLUDING SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES,
INSURERS AND CONTRACTORS) NOR ANY OF THEIR PROGRAM IMPLEMENTATION CONTRACTORS
OR SUBCONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES TO ANY PERSONS OR PROPERTY RESULTING FROM
OR ARISING OUT OF ANY USE, REPAIR, DELAY IN REPAIRING, REPLACEMENT
OF,
MODIFICATION TO, UNAVAILABILITY OF, OR STATUS OF THE DEVICE SYSTEM. TRICO NOR
ANY OF THEIR PROGRAM IMPLEMENTATION CONTRACTORS OR SUBCONTRACTORS SHALL BE
RESPONSIBLE FOR ANY COSTS RELATED TO THE REPAIR, MAINTENANCE OR REPLACEMENT OF
YOUR THERMOSTATE, AIR CONDITIONING, WIFI, DEVICES OR DEVICE SYSTEM.
Indemnification: YOU AGREE TO INDEMNIFY, RELEASE AND HOLD
HARMLESS TRICO (INCLUDING SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES,
INSURERS AND CONTRACTORS) THEIR PROGRAM IMPLEMENTATION CONTRACTORS AND SUBCONTRACTORS
FOR ANY LIABILITY, CLAIM, DEMAND, CAUSE OF ACTION, INJURY, EXPENSE, OR DAMAGE
TO ANY PERSONS OR PROPERTY ARISING FROM THEIR ACCESS AND USE OF YOUR SMART
THERMOSTAT DEVICE OR SYSTEM, OR CAUSED BY ANY BREACH OF THIS AGREEMENT BY YOU,
YOUR NEGLIGENCE OR THAT OF YOUR HOUSEHOLD MEMBERS, AGENTS, SERVANTS, EMPLOYEES,
TENANTS, LICENSEES, INVITEES, TENANT'S INVITEES, OR INDEPENDENT CONTRACTORS. TO
THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO HOLD TRICO (INCLUDING
SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, INSURERS AND CONTRACTORS) THEIR PROGRAM IMPLEMENTATION CONTRACTORS AND
SUBCONTRACTORS HARMLESS FOR ANY INJURY OR DAMAGE CAUSED OR CLAIMED TO BE CAUSED
BY PARTICIPATION IN THE PROGRAM FOR: (1) DEATH OR PERSONAL INJURY ARISING AS A
RESULT OF THE UTILITY’S NEGLIGENCE OR BREACH OF CONTRACT; OR (2) THE UTILITY’S FRAUDULENT
MISREPRESENTATION OR DELIBERATE BREACH OF CONTRACT. THE UTILITY HAS NO
LIABILITY TO ANY PARTICIPANT FOR ANY LOSS, DAMAGE, COSTS OR EXPENSE INCURRED AS
A RESULT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM.
General Provisions: This Agreement is governed and construed and
enforced in accordance with the laws of the State of Arizona without regard to
its choice of law provisions. This Agreement supersedes any prior agreements
and contains the entire agreement of the Parties and all representations with
respect to the subject matter hereto. Any prior correspondence, memoranda or
agreements are replaced in total by this Agreement. The waiver of any of the
rights or remedies arising pursuant to this Agreement on any occasion by any
Party shall not constitute a waiver of any rights or remedies in respect to any
subsequent breach or default of the terms of this Agreement. As a condition of
participating in this Program, You agree that all disputes that cannot be
resolved amicably will be resolved individually, and will not be subject to
class action or other similar process. You waive all rights or claims for
incidental, punitive, consequential, or other special damages, including
attorneys’ fees. To the extent permitted by law, any dispute arising in
relation to this Agreement shall be subject to arbitration in accordance with
the Arizona Revised Uniform Arbitration Act (ARS 12-3001 et seq.), with such
arbitration to occur in Tucson, Arizona.