Direct Energy Protection Plan Terms and Conditions
Questions / Comments / Concerns – contact us at 1-844-DE-HELPS extension 2
Cancellation Rights Provided on Page 3
For the purposes of this Direct Energy Protection Plan (“DEPP”) the following terms will have the meanings set forth below:
“Agreement” means the entirety of the contract documents between the Customer and Direct Energy which collectively explain the rights and obligations of the parties including but not limited to: these DEPP terms and conditions and the coverage specified under the applicable plan; the attached Enrollment Form: the welcome letter—if applicable: and the Pre-Authorized Debt Agreement—if applicable.
“Customer”, “you” and “your” means the customer who owns the Home Comfort Appliance(s) and who enrolls in this DEPP and is a party to the Agreement as evidenced by their: (i) written signature on the attached Enrollment Form; or (ii) receipt of the Agreement as completed by an authorized representative, if the enrollment occurred over the telephone.
“Direct Energy”, “we”, “us” and “our” means Direct Energy Marketing Limited operating as Direct Energy Home Services. Direct Energy will be performing various services under the Agreement including, without limitations, billing services and any necessary repair services on the covered Home Comfort Appliance(s) under this DEPP.
“Home Comfort Appliance(s)” means the piece or pieces of residential equipment described in the Enrollment Form and covered under this DEPP including specified air conditioning units, furnaces, and water heaters.
“Premises” means a single-family residence, be it a house; townhouse; condominium; manufactured or modular home; or apartment unit that has been anchored to a permanent foundation and not moved during the duration of the coverage term, or a mobile home as determined by Direct Energy in its sole discretion. Premises do not include commercial properties or residences that are used in whole or in part as businesses.
A. COVERAGE PERIOD AND RENEWAL
Your coverage under the Agreement will commence on the Initial Term Start Date (as set out in the attached Enrollment Form) and continue for an initial term of one (1) year. On or before the date that is thirty (30) to ninety (90) days before the end of the initial Agreement term and any subsequent Agreement term we will send you a notice (the “Renewal Notice”) of the upcoming expiry of your current Agreement term and notify you that coverage will renew at the expiry of the term. You hereby expressly agree that Direct Energy shall renew your Agreement for a further year at the expiry of each Agreement term unless:
i) you notify us in writing within ten (10) days of receipt of the Renewal Notice that you do not wish to renew; or
ii) Direct Energy notifies you that we will not be offering you renewed coverage under the Agreement.
You expressly agree that Direct Energy may change the price of this DEPP and the terms and conditions of the Agreement for any subsequent Agreement term by giving you advance notice in writing. You hereby agree that any notices sent by Direct Energy to the Premises (or billing address indicated by the Customer to Direct Energy, if different from the Premises), are deemed to be received by you ten (10) days after mailing.
To cancel the Agreement, you must contact us in writing at our address listed on the attached Enrollment Form, and in accordance with Section G and H below.
This DEPP may include any of the following plans selected in the Enrollment Form:
1. Furnace Protection Plan (1 furnace) includes an annual 22-point tune-up and preventative maintenance of the Heating System and the diagnosis repair, replacement, or adjustment of problem Heating System parts specified in Section C.
2. A/C Protection Plan (1 air conditioner) includes and annual 19-point tune-up and preventative maintenance of the Cooling System and the diagnosis, repair, replacement, or adjustment of problem Cooling System parts specified in Section C.
3. Furnace & A/C Protection Plan (1 furnace and 1 air conditioner) includes each of the annual tune-ups and preventative maintenance described in paragraphs 1 and 2 above.
4. Furnace & Hot Water Tank Protection Plan (1 furnace and 1 hot water tank) includes an annual tune-up and preventative maintenance listed in paragraph 1 above and a 10-point Water Heating System tune-up on one (1) natural draft 40 or 50 Gal Tank under eight (8) years old, as of the Initial Term Start Date listed on the Enrollment Form, not including electric, power-vented, or tankless water heaters along with the diagnosis, repair, replacement, or adjustment of problem Water Heating System parts as specified in Section C.
5. A/C & Hot Water Tank Protection Plan (1 air conditioner and 1 hot water tank) includes an annual tune-up and preventative maintenance listed in paragraph 2 above and a 10-point Water Heating System tune-up on one (1) natural draft 40 or 50 Gal Tank under eight (8) years old, as of the Initial Term Start Date listed on the Enrollment Form, not including electric, power-vented, or tankless water heaters along with the diagnosis, repair, replacement, or adjustment of problem Water Heating System parts as specified in Section C.
6. Furnace, A/C & Hot Water Tank Protection Plan (1 furnace, 1 air conditioner, and 1 hot water tank) includes the annual tune-ups described in paragraphs 1 and 5 above.
C. SCOPE OF COVERAGE
The Agreement is not a contract for insurance. The Agreement and the specific plan(s) selected under this DEPP covers the diagnosis and repair, replacement or adjustment, (as determined by Direct Energy in its sole discretion) by Direct Energy of problem parts related to normal wear and tear of covered Home Comfort Appliances, with certain exceptions, up to the applicable maximum amount.
If the Premises are part of a multi-unit dwelling, coverage under this DEPP is limited to Home Comfort Appliances located within the individual Premises and does not extend to Home Comfort Appliances located in common areas or Home Comfort Appliances which are shared between dwellings.
If you have more than one of a particular Home Comfort Appliance (i.e. two (2) furnaces) covered under this DEPP, we will track each Home Comfort Appliance by its serial number. If coverage includes more than one (1) Home Comfort Appliance, maximum coverage (as set forth below) is specific to the individual Home Comfort Appliance as identified by its serial number, and does not transfer to any other Home Comfort Appliance that might be covered under this DEPP.
1. Heating System—applies to natural gas furnace Home Comfort Appliances less than seventeen (17) years old as of the Initial Term Start Date listed on the Enrollment Form. Coverage is limited to a total of $1,500 per year per furnace for diagnosis, parts, and labour. The following are NOT INCLUDED in coverage to the Heating System: Heat exchangers • Humidifiers • Furnace cabinet • Furnace doors • Electrical Wiring (field wiring external to furnace) • Duct work or other ventilation systems • Filters • Condensate Pump • External Zone systems and components • Gas line(s) • Frosted vent pipes due to weather conditions.
2. Cooling System—applies to residential air conditioning Home Comfort Appliances less than seventeen (17) years old as of the Initial Term Start Date listed on the Enrollment Form not including ductless, wall unit, heat pump and high velocity air conditioning units. Coverage is limited to a total of $1,000 per year per air conditioner for diagnosis, parts, and labour. The following are NOT INCLUDED in coverage to the Cooling System: Compressor • Evaporator coil • Condenser coil • TX valve • Fan centre (control relay) • Electrical wiring (field wiring external to air conditioner) • Duct work or other ventilation systems • Filters • Condensate pump • Refrigerant • External zone systems and components • Air handler or furnace components.
3. Water Heating System—applies to water heater Home Comfort Appliances less than (8) years old as of the Initial Term Start Date listed on the Enrollment Form not including electric or tankless water heaters. Coverage of water heaters is limited to a total of $500 per year per water heater for diagnosis, parts, and labour. The following are NOT INCLUDED in coverage to the Water Heating System: Tank vessel • Shut-off valves • Water lines • Water tank housing • Cold water dip tube • Arrestor plates • Anode rod Electrical Wiring (field wiring external to water heater) • Gas line(s) • External expansion or holding tank • In-floor heating systems • External pumps • External controls • Condensate pump • Frosted vent pipes due to weather conditions.
D. PARTS AND COSTS SPECIFICALLY EXCLUDED
Service and parts under the Agreement must be provided solely by Direct Energy. Direct Energy will not be liable for parts and costs incurred through other sources.
1. Eligible Thermostat—If your thermostat fails and is covered by your plan under this DEPP, Direct Energy will replace it with a make/model of Direct Energy’s choice that enables like operation of your current dependent heating, ventilation, and/or air conditioning equipment, as applicable. Non-preferred thermostats, zone valves, external zone systems and components are not covered but can be installed at an additional cost to you.
2. Unavailable Parts—We will try to obtain a replacement part or appropriate substitute quickly, but limited availability of certain parts may result in occasional delays. If a part is no longer available and/or we cannot procure the part at a commercially reasonable cost, we will not be liable for the related replacement. In such case, Direct Energy may terminate this DEPP insofar as it applies to the Home Comfort Appliance involved. If there has not been a prior service call or maintenance visit under this DEPP in the current coverage year, the payment applicable to the Home Comfort Appliance with unavailable parts will be refunded.
3. Ancillary Equipment—DEPP coverage does not include ancillary equipment (including but not limited to humidifiers, UV lights, air cleaners, condensate pumps, water conditioners, and combustion or fresh air dampers), parts added on to accommodate such equipment, or repairs made necessary as a result of faulty ancillary equipment.
4. This DEPP excludes the costs of problem diagnosis and service, repair, parts replacement or adjustment in circumstances where:
a) it relates to a part not covered by this DEPP, or to a manufacturer’s part recall;
b) incremental service or repairs are required due to poor maintenance prior to enrolling in this DEPP, as determined by a Direct Energy technician in his/her sold discretion;
c) the thermostat is not at the proper setting and/or has weak or dead batteries;
d) the Home Comfort Appliance has been turned off;
e) equipment failure is due to a lack of regular filter replacement or cleaning;
f) the household electrical fuse or breaker required for the equipment is blown, tripped, or flipped;
g) the pilot has been extinguished by someone other than a Direct Energy technician;
h) the problem relates to improper sizing or application of equipment;
i) repair or replacement is necessary because of accidental or deliberate damage or other insurable risks (including but not limited to accidental or deliberate damage, theft, fire, flood, other natural disasters, acts of war, or acts of God);
j) it is needed because of abuse, tampering, alterations or repair by someone other than a Direct Energy technician;
k) this is blocked ventilation due to snow, ice, or other obstructions;
l) building or other code violations are discovered before or during the diagnosis or repair of equipment; or
m) there are hazardous materials present.
To avoid unnecessary costs, please review the above list before you call for service. You are responsible for paying to repair or replace items not covered under this DEPP at our standard rates.
E. REPLACEMENT COVERAGE and DISCOUNTS
In addition to the coverage under the plan selected in Section C of this DEPP, this DEPP includes replacement discounts applicable to any air conditioning units, furnaces, water heaters and power-vent tanks located on the Premises which are owned by the Customer regardless of whether they are specifically covered by the plan selected. If you decide to purchase an air conditioning unit, furnace, water heater or power-vent tank, or if we recommend that a Home Comfort Appliance is not economical to repair, the following discounts will be offered to any Customer for a purchase made from Direct Energy:
1. $500 off furnaces;
2. $500 off central air conditioners;
3. $150 off standard tank style water heaters;
4. $400 off on-demand style water heaters; and
5. $200 off power vent tanks.
If a Home Comfort Appliance is replaced, Direct Energy will work with you to transfer this DEPP to a Maintenance Plan and/or modify or replace this DEPP to include the appropriate coverage. To ensure there is no lapse in coverage, please phone Direct Energy’s call centre at 1.844.DE.HELPS and a representative will consult with you.
F. SCHEDULING YOUR DEPP VISIT
Phone us at 1.844.DE.HELPS extension 2 to schedule your appointment.
1. If you have multiple Home Comfort Appliances covered under this DEPP, annual maintenance visits will all be performed on all covered Home Comfort Appliances during the same visit. If you have multiple Home Comfort Appliances, annual maintenance visits must be scheduled between February and August, Monday to Friday between the hours of 8 am to 3 pm, excluding holidays.
2. Heating System maintenance visits must be booked between February and August, Monday to Friday between the hours of 8 am to 3 pm, excluding holidays.
3. Cooling System maintenance visits must be booked between May and August, Monday to Friday, between the hours of 8 am and 3 pm excluding holidays. Per best practices and manufacturers’ recommendations, no Cooling System maintenance visits will be performed if the temperature is under 15C/59F.
4. Water Heating System maintenance visits may be booked throughout the year, Monday to Friday, between the hours of 8 am and 3 pm, excluding holidays.
5. You hereby agree that it is your responsibility to contact Direct Energy to arrange for the visit(s) contemplated under this DEPP. If we do not hear from you, we will attempt to contact you once by telephone and/or email to set up the DEPP visit(s). If you fail to arrange your DEPP visit(s) before the end of your DEPP term, no refund will be provided, and the DEPP visit(s) cannot be carried over to the following year.
G. BUYER’S RIGHT TO CANCEL
You may cancel this contract from the day you enter into the contract until 10 days after you receive a copy of the contract. You do not need a reason to cancel.
If you do not receive the goods or services within 30 days of the date stated in the contract, you may cancel this contract within one year of the contract date. You lose that right if you accept delivery after the 30 days. There are other grounds for extended cancellation. For more information, you may contact your provincial/territorial consumer affairs office.
If you cancel this contract, the seller has 15 days to refund your money and any trade-in, or the cash value of the trade-in. You must then return the goods.
To cancel, you must give notice of cancellation at the address in this contract. You must give notice of cancellation by a method that will allow you to prove that you gave notice, including registered mail, fax or by personal delivery.
The foregoing statement of cancellation rights applies only to customers whose DEPP is a direct sales contract, as defined in the Fair Trading Act (Alberta).
Direct Energy may discontinue or cancel the Agreement and coverage under this DEPP at any time. If Direct Energy does so, you will be reimbursed for any payments made to Direct Energy, pro-rata based on the period of time remaining in the current term of the Agreement. If Direct Energy cancels the Agreement within the first thirty (30) days following your enrollment, and Direct Energy has not completed any work and/or maintenance, you will be provided with a full refund of any payments made. If the Direct Energy technician deems that Home Comfort Appliance does not qualify for this DEPP due to age and/or condition, Direct Energy may also cancel the Agreement. If you move (see below), have paid for the term of the Agreement in full in advance, and Direct Energy has not completed any work and/or maintenance, the Direct Energy will reimburse you for any payments made pro-rata based on the period of time remaining in the current term of the Agreement. If you move (see below), have paid for the term of the Agreement in advance, and Direct Energy has completed and work and/or maintenance, then Direct Energy will reimburse you for any payments made pro-rata based on the period of time remaining in the current term of this DEPP, less a $179 service fee for the cost of the service rendered.
You may discontinue or cancel the Agreement for any reason. If you cancel the Agreement, are on a month-to-month payment plan and Direct Energy has not completed any work and/or maintenance, then Direct Energy will stop withdrawing payments. You will owe no further payments under the cancelled Agreement. However, if you cancel the Agreement, are on a month-to-month payment plan and Direct Energy has completed any work and/or maintenance, then you must pay to Direct Energy within thirty (30) days of cancellation the remaining total amount due for the remaining term of the Agreement. If payment is overdue by more than thirty (30) days, Direct Energy may cancel the Agreement and the coverage provided under this DEPP will be terminated.
I. PAYMENT, TRANSFER, AND OTHER TERMS
1. Payment: You agree to pay the price specified in the Agreement for this DEPP (including applicable taxes) at the intervals described in the welcome letter and/or Enrollment Form. Amounts are payable in advance of the period to which they apply. Payments may be paid by credit card or pre-authorized debit. If you do not make a payment on time, you agree interest will be due and payable on any and all outstanding balances at the rate of 1.5% per month (18% per annum), calculated daily. Accounts in arrears may result in DEPP coverage being withheld until the account is paid in full (including interest). We may cancel any Agreement without further liability or obligation if the account remains unpaid for sixty (60) days. Payments made under the Agreement are non-refundable and coverage under this DEPP is non-transferable except as specifically noted herein.
2. If your Home Comfort Appliance needs repaid in the first thirty (30) days of the Initial Start Date of the Agreement as listed in the Enrollment Form, there is a $179 fee for the service rendered. There is also a $500 maximum value of repairs covered during the first thirty (30) days. You understand and agree you are responsible for repair charges over $500 during the first thirty (30) days.
3. If you move, but remain within Direct Energy’s service territory (i.e. the greater Calgary and greater Edmonton areas), please contact Direct Energy at 1.844.DE.HELPS to discuss your options. Because DEPP coverage is specific to Home Comfort Appliances at a specific Premise(s), coverage cannot transfer to the new location. Instead, your existing Agreement will be cancelled and you may enter into a new Agreement for the new Premises. If you move outside Direct Energy’s service territory, we will cancel your Agreement, without penalty, as per Section H above, after we receive written notification from you of the move. Proof of the address of the new premises is required.
4. Accounts in arrears may result in DEPP coverage being withheld until the account is paid in full (including interest). We may cancel the Agreement without further liability or obligation if you are in default under any other contract with us. If the Agreement is cancelled, all payments remaining in the term become due.
5. The Agreement is non-refundable and not transferable except as specifically noted herein. However, we may transfer or assign our rights and obligations under the Agreement with written notice to you. After such assignment or transfer, Direct Energy will have no further obligations.
6. Pre-existing Conditions: Direct Energy reserves the right to deny coverage to you after your Home Comfort Appliance(s) are evaluated by technicians during your first visit under the Agreement. If Direct Energy determines: (i) there are existing conditions; or (ii) your system is too old for coverage; or (iii) proper maintenance was not performed prior to enrollment, then Direct Energy will refund as set forth above. If we did not perform any maintenance repairs, Direct Energy will refund you in full. However, if any services were performed, Direct Energy will refund you the amount paid less the cost of the technician’s visit and/or any parts.
We try to diagnose and repair problems on the first service visit, however, it is not always possible.
WE ARE NOT LIABLE FOR LOSSES OR DAMAGES RESULTING FROM MISDIAGNOSIS OR DELAYS IN COMPLETING DIAGNOSIS OR REPAIRS. IF WE DO NOT CORRECT OR REPAIR A PROBLEM COVERED BY THIS DEPP, OR IF A REPLACEMENT PART FAILS, OUR SOLE LIABILITY WILL BE TO CORRECT THE PROBLEM AND, IF NECESSARY, TO PROVIDE AN ADDITIONAL REPLACEMENT PART. DAMAGES RESULTING FROM THE FAILURE OF PARTS REPLACED OR SERVICES PERFORMED UNDER THIS DEPP ARE NOT OUR RESPONSIBILITY UNLESS SUCH DAMAGES RESULT SOLELY FROM OUR NEGLIGENCE.
IN NO EVENT ARE WE LIABLE FOR INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR FOR LOSS OR DAMAGES TO ANY PERSON OR PROPERTY, INDIRECT, CONSEQUENTIAL OR INCIDENTAL ARISING FROM THE USE OR INABILITY TO USE THE HOME COMFORT APPLIANCE(S), TO THE EXENT SUCH MAY BE DISCLAIMED BY LAW, NOR DO THESE TERMS AND CONDITIONS COVER ANY DEFECTS WHICH ARE SUBJECT TO A MANUFACTURER’S OR DISTRIBUTOR’S RECALL, IN-HOME WARRANTY, OR WHICH ARE OR SHOULD BE COVERED UNDER A MANUFACTURER’S, DISTRIBUTOR’S OR BUILDER’S PROGRAM OF REIMBURSEMENT.
ALL PARTS AND LABOUR COVERED BY THIS DEPP MUST BE PROVIDED BY US OR OUR AUTHORIZED REPAIR TECHNICIAN. WE CANNOT REIMBURSE YOU FOR PARTS AND LABOUR NOT PROVIDED BY US.
DURING THE MANUFACTURER’S WARRANTY PERIOD FOR THE COVERED HOME COMFOT APPLIANCE(S), THE MANUFACTURER IS RESPONSIBLE FOR ITEMS COVERED UNDER THEIR EXPRESSED OR IMPLIED WARRANTIES.
L. PROCESS FOR REQUESTING SERVICE
If you require assistance, you may phone Direct Energy’s call centre at 1.844.DE.HELPS and a representative will consult with you regarding your service request. We will dispatch an authorized repair technician to your home who will review the issue. After determining the scope of repairs, the authorized repair technician will advise you if it is believed that the cost of repairs is covered by your DEPP. The authorized repair technician will complete the repairs if you so direct. You agree and understand you are responsible for the cost of repairs that are not covered by this DEPP, or for the cost of repairs that exceed the stipulated coverage amounts.
M. PERSONAL INFORMATION
For purposes of this section only, “Direct Energy”, “we”, “us”, and “our” shall also include any current or future franchisor, franchisee, licensee, parent company, subsidiary, third party, or affiliate of the brands that Direct Energy Operates under.
We collect and use personal information (“PII”) about you in order to establish and manage our business relationship with you. PII includes any information that you have shared with us or that we have collected in the course of providing our services to you, that may be used to specifically identify or contact you, such as your name, mailing address, email address(es), phone number(s), or fax number. The PII you submit will generally be used by us to carry out your requests, improve services, or for other legitimate business purposes, including marketing purposes. Your PII may be added t our customer database used by us for general promotions, contests, special events, etc. (“Programs”) regarding our or a third party’s products and services. These Programs may be made available through efforts of an affiliated or unaffiliated business. In light of this, you allow us to: (i) share your information with us or a third party, in order to provide covered under this DEPP and (ii) disclose information about you for the following purposes:
i) billing and/or supplying services to you under the Agreement;
ii) law enforcement;
iii) complying with a legal requirement; and
iv) processing of past due accounts of yours which have been passed to a debt collection agency.
Additionally, your PII may be shared with third parties in the following instances: (i) to allow third parties to perform functions on our behalf; (ii) to allow third parties to contact you for marketing; and (iii) for any other legitimate business purpose. By using our products and services, or by submitting your PII to us, you are consenting to the terms of this notice and our Privacy Code (Visit www.directenergy.ca or email email@example.com for details). Unless you tell us otherwise, you allow us to use your personal information to tell you about other products and services that may be of interest to you. If you do not want us to contact you for this reason or you would like more information about how we use personal information, please feel free to contact us using the information set out on the enrollment form. We may record our telephone conversations with you and disclose the recordings to achieve the purposes set out in this Section.
We will make commercially reasonable efforts to perform our obligations under the Agreement. Certain causes and events outside of Direct Energy’s reasonable control (“Force Majeure Events”) may prevent us from meeting our obligations under the Agreement. This DEPP does not cover any Home Comfort Appliance or system that has been damaged, affected, or altered—either directly or indirectly—as a result of a Force Majeure Event. Direct Energy is not liable for failure to meet its obligations under the Agreement due to a Force Majeure Event. Force Majeure Events include but are not limited to acts of God, fire, flood, earthquake, snow storms, freezing, tornadoes, extreme weather conditions, and/or other natural disasters: war; acts or threats of terrorism; acts of any governmental authority; accidents; accidental and/or deliberate damage; theft; vandalism; strikes; labor troubles; shortages in supply; changes in laws, rules or regulations of any governmental authority; and any other cause beyond our reasonable control. Further, you may be required to pay any additional or increased fees or charges imposed on us that are generally beyond our reasonable control including, but not limited to, fees that are imposed by law, rule, regulation, tariff, or order. These charges or fees will be passed through to you and added to the price specified in the attached Enrollment Form. The Agreement contains the entire Agreement between the parties with respect to the subject matter hereof and superseded all prior and contemporaneous agreements and understandings, whether written or oral, between the parties and their respective predecessors and affiliates. The Agreement may not be amended or modified except in a writing signed by both parties. Except as otherwise expressly provided in the Agreement, the Agreement is not intended to confer upon any person or entity not a signatory hereto any rights or remedies whatsoever, including, without limitation, any third-party beneficiary rights. The Agreement will be governed by and construed and enforced in accordance with the subject to the laws of the Province of Alberta and the federal laws of Canada applicable therein. Each party irrevocably submits to the exclusive jurisdiction of the Court of Queen’s Bench of Alberta for the purpose of any suit, action or other proceeding arising out of the Agreement or the interpretation, performance or enforcement hereof, and the parties agree that venue for any such suit, action or proceeding will like exclusively in such courts. The prevailing party in such suit, action or proceeding will be entitled to reimbursement of all costs of such suit, action or proceeding, including, but not limited to attorneys’ fees. No waiver of any breach of any term or condition of the Agreement will constitute a waiver of any subsequent breach. If any term will be held unenforceable, such term will be deemed restated, in accordance with applicable law, to reflect as nearly as possible the original intentions of the parties, and the remainder of the Agreement will remain in full force and effect. Written notices sent pursuant to the Agreement will be delivered by mail to the applicable signatory as the address set forth in the attached Enrollment Form. The Agreement, including any notices, may be delivered via facsimile or email/pdf to Direct Energy at firstname.lastname@example.org. Any Agreement document delivered via facsimile or email/pdf shall have the same force and effect as if it was an original. The Agreement may be executed in multiple counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.
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