Hydro One

RUSH HOUR REWARDS PROGRAM AGREEMENT FOR HYDRO ONE CUSTOMERS

You have applied to participate in the Home Energy Management System – Bring Your Own Thermostat (HEMS-BYOT) Initiative (the “Pilot”) offered by Hydro One Networks Inc. (“Hydro One”), your local electricity distributor. This agreement is entered into between you and Hydro One and will govern your participation in the Pilot.

If Hydro One accepts your agreement, you will be entitled to receive a one-time enrollment incentive payment of $100 for enrolling your Nest Thermostat for this Pilot. The enrollment incentive cheque will be issued in the name of the Hydro One account holder within 6 to 8 weeks of Hydro One accepting your application. This incentive offer cannot be combined with any other offer from Hydro One for thermostat enrollment. You will also have certain obligations, which are set out below.

There is also an additional incentive of $25 that would be paid at the end of the Pilot for completing the surveys. These activities are noted in the terms and conditions that follow. These incentives would be paid via an incentive cheque issued in the name of the Hydro One account holder within 6 to 8 weeks after the completion of the Pilot.

In consideration of enrolling one or more of your Nest Thermostat(s) and receipt of your enrollment incentive, you agree to the following terms and conditions:

1. You represent and warrant that you are a Hydro One residential electricity distribution customer and you are:

1. an individual 18 years or older;
2. authorized to enroll the Smart Thermostat(s) in the Pilot.

You further represent that the central air conditioner to which the enrolled Nest Thermostat is connected is and shall be in good working order.

2. You agree for the duration of the Pilot and at your expense to:

1. purchase, install, and activate a Nest Thermostat;
2. maintain an active on-line account with your smart thermostat(s) manufacturer Nest Labs, Inc. (“Supplier”) whereby you will be able to monitor and control your Nest Thermostat(s) from your smart phone or from the internet;
3. maintain the connection between your enrolled thermostat(s) and Supplier through an internet service provider for Wi-Fi connectivity;
4. keep the router powered-up for Wi-Fi connection; and
5. assist Supplier service support personnel in troubleshooting and resolving connectivity and other Supplier related issues

3. You agree to grant permission to Supplier to adjust the thermostat to reduce demand on the electric grid by re-setting your current temperature for no more than 40 hours per year, with no single event lasting more than 4 consecutive hours. These events will not occur on weekends and holidays.
4. You may opt-out of any such events at any time using your Supplier web portal or smart phone app.
5. The Nest Thermostat(s) adjustment events described above may be preceded by "pre-cool" periods, wherein the current or scheduled target set temperature is temporarily decreased to cool your premises for the subsequent set temperature increase. Hydro One is not responsible for any changes to your electricity costs resulting from such adjustment or any electricity costs incurred by you during or related to the Pilot.
6. You agree that Supplier will provide to Hydro One your enrollment information to verify your eligibility for the program. As noted in the Supplier's Privacy Statement (nest.com/ca/legal), you agree that the Supplier may also provide to Hydro One information about when you activate your Nest Thermostat(s). The Supplier may also provide to Hydro One anonymized operating data from your Nest Thermostat(s), aggregated across participating devices, so that Hydro One can analyse the results of the pilot.
7. You agree not to move, remove, tamper with, and disable the Nest Thermostat(s) that is enrolled in the pilot - this could, among other things, affect the results of the Pilot. Any failure to comply with these obligations will be at your sole risk for any damage that may result including damage to the equipment or your premises or injury to any person.
8. You agree to be contacted by e‑mail, mail, or telephone if, for any reason, Hydro One or Supplier needs to verify connectivity, customer status, or present additional offers.
9. In order to evaluate the success of the pilot, Hydro One will be contacting you to understand your experience with the Nest Thermostat(s). You agree to participate in any follow up surveys, studies, audits, evaluations or verifications conducted by the Hydro One, the Supplier, or their agents or service providers in connection with this Pilot. In addition, completing all surveys will qualify you to receive the survey incentive.
10. While enrolled in this Pilot, you authorize Hydro One to provide data collected during the Pilot to a third party for the purposes of analyzing data to evaluate Pilot performance. You hereby consent to the disclosure of only reports containing aggregated, non-identifiable information to the Ontario Energy Board, the Independent Electricity System Operator, the Ontario Power Authority, the Ontario Ministry of Energy, the Ontario Environmental Commissioner, and their respective successors. You hereby acknowledge that non-identifiable information may be accessible to third parties under the Freedom of Information and Protection of Privacy Act (Ontario).
11. You warrant that the information provided while applying for and during the course of this Pilot is accurate and further agree to notify Hydro One if changes occur. Any false information provided by you may result in the immediate disqualification of you from the Pilot and forfeiture of any incentive.
12. You agree to continue your enrollment of one or more of your Smart Thermostat(s) into a program if Hydro One chooses to transition this Pilot into a program upon notice to you. You will have the option to opt-out of the program if you choose to.
13. Hydro One makes no representation or warranty (express, implied, statutory or otherwise) regarding the Pilot, including without limitation, any representation or warranty as to merchantability, design, capabilities, suitability, durability or fitness for use or for a particular purpose.
14. You agree and acknowledge that: (i) Hydro One is independent of the Supplier and that Hydro One makes no representation, warranty, endorsement or recommendation of any kind with regard to the Supplier (ii) neither Hydro One, the Supplier, nor their respective successors, assignors, affiliates, employees, agents, officers, directors, service providers and such affiliates, respective officers, directors or employees or any of their heirs, successors or assigns (collectively, the “Pilot Operators”) will be liable for any loss, damage or injury to persons or property, including without limitation any economic loss, loss of good will, loss of profit or any direct, indirect, special or consequential damages, and any costs or losses, expenses, fees, liabilities, allegations, causes of action, suits, proceedings, debts, penalties and demands arising therefrom or connected therewith of any nature or kind whatsoever arising from or related to the connected, the Pilot or any matter related to this agreement, including, without limitation, any acts or omissions of any Pilot Operator and you hereby release the Pilot Operators of, from and against any and all of the foregoing. You agree to indemnify the Pilot Operators if you or any member of your family, customer, occupant or guest seeks damages against any of them for any reason that is connected with this agreement.
15. Hydro One is not responsible for the policies, actions, or inactions of others that might prevent you from entering, participating, and/or claiming your incentive for participating in the Pilot.
16. If any provision(s) of this Agreement are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
17. This agreement shall be interpreted under Ontario law. You may not assign this agreement. This agreement may be amended by Hydro One with thirty (30) days’ notice to you; provided that you will not be bound to any increased or additional obligations without your approval.
18. If you breach any of your obligations in this contract, Hydro One may terminate this agreement.
19. Hydro One may terminate this agreement at any time and for any reason in which case you will be notified.
20. The provisions of Sections 6, 9, 10, 12, 13, 14 and 16 shall survive the termination or expiry of this Agreement.

By checking ‘I Agree’ and clicking the signup button below, you agree to participate in the Pilot, and you confirm that you are in agreement with all of the terms and conditions in this Agreement.