Relax. Everything you need to know is all right here in black and white.
Your Consent Regarding Information:
You consent to our collection of your credit, financial and related personal information, and to the exchange of this information between us, credit bureaus, financial institutions, our subsidiaries and affiliates and other persons with whom you have had or may have financial dealings, and to our use of this information for the purposes of: verifying and evaluating your creditworthiness and other information you provide to us in connection with your account (including verifying your identity for regulatory compliance purposes); establishing, servicing and collecting on your account; providing the products and services you request; providing credit references; communicating with you for these purposes; and meeting legal, regulatory, audit, processing and security purposes, and as otherwise permitted or required by law. In addition to the purposes above, we and our affiliates assume that you consent to our use of your contact information to provide you with occasional information about other products and services offered by us or our affiliates. However, you may refuse consent for this purpose by contacting us within ten (10) days after you receive a copy of your bill, at 1-866-899-9917. To request access to or correction of your personal information, or for more information about our privacy practices, see our Privacy Policy at OntarioGreenSavings.com or write to us.
OTHER TERMS
• we will not reimburse you for the costs of services or parts replacement performed by contractors that have not been authorized by us.
• Except as specifically provided, your plan coverage is non-refundable. Your plan coverage is not transferable to another residence.
• We have the right to change, from time to time, any term that applies to your plan, including any plan rates and charges, by sending you prior notice of the change and such change will be effective 30 days after the date set out in that notice.
• We may sell, assign or otherwise dispose of, or grant a security interest in, all or part of our right and interest in this agreement to anyone else, without notice to you or your consent. To the extent not prohibited by law, you will not assert against any transferee any claims, defences, set-offs, deductions or counter-claims which you may now or in the future be entitled to assert against us. The costs of redecoration and restoration costs required as a result of any work performed in connection with any of the Plans are not covered. This includes wall-coverings, drywall, plaster, wallpaper, paint, floor coverings, tile, cabinetry, countertops, landscaping or repair of any structural or cosmetic defects.
COMFORT PROTECTION PLANS – TERMS AND CONDITIONS SERVICES COVERED
Comfort Heating/Cooling Protection Plans:
Cover the diagnosis and repair, replacement or adjustment, as we determine necessary, of specified parts within your “heating unit” (if your plan includes a “Heating Protection Plan”) and “cooling unit” (if your plan includes a “Cooling Protection Plan”) subject to the exceptions noted below. For parts and services included in the Comfort Heating/Cooling Protection Plans, you are protected from all labour and part replacement costs, up to the limits described below.
Comfort Heating/Cooling Protection Plus Plans:
If your plan includes a “Heating Protection Plus Maintenance Plan” same coverage as Comfort Heating Protection Plans plus a 21-point annual check-up and cleaning of your “heating unit” including a safety test for carbon monoxide. “Flushing of the heat exchanger” or “additional cleaning” that is required due to insufficient maintenance prior to joining any Comfort Heating Protection Plan or Plus Maintenance Plan is excluded from coverage and will be charged to you at our standard labour rate (currently $149). Boiler system drainage and refill are excluded from any Comfort Heating Protection Plan or Plus Maintenance Plan coverage.
If your plan includes a “Cooling Protection Plus Maintenance Plan” same coverage as a Comfort Cooling Protection Plan, plus an annual check-up and cleaning of your “cooling unit.” The costs to diagnose and replace any defective parts which have caused a refrigerant leak are included in your Comfort Cooling Protection Plan or Plus Maintenance Plan including refrigerant recovery, vacuuming, and refill. Additional cleaning that is required due to insufficient maintenance prior to joining any Comfort Cooling Protection Plan or Plus Maintenance Plan is excluded from coverage and will be charged to you at our standard labour rate (currently $149). Although we may attempt to remind you from time to time of any annual check-up or cleaning to which you may be entitled, we are not obligated to do so and you are responsible for contacting us to arrange any such annual check-up or cleaning at a mutually convenient time. We will not be responsible for any annual check-up or cleaning that is not provided due to you failing to contact us.
EQUIPMENT COVERED
Comfort Heating Protection Plans:
Covers one of the following: residential natural gas furnace, heat pump unit (the “heating unit”). Equipment using conversion burners, the conversion burner itself, fireplaces and ductless or wall units are not eligible for coverage. Equipment serving more than one dwelling unit is not eligible for coverage. Heating equipment that heats using electricity or a fuel other than natural gas (e.g. oil, propane, wood, etc.) is not eligible for coverage.
Comfort Cooling Protection Plans:
Coverage for a residential electric powered central air conditioning unit, heat pump unit (the “cooling unit”). Natural gas powered, ductless or wall units are not eligible for coverage. Equipment serving more than one dwelling unit is not eligible for coverage.
Comfort Heating/Cooling Protection Plus Plans:
Cover the same equipment as the Comfort Heating/Cooling Protection Plans.
PARTS COVERED
Comfort Heating Protection Plans:
• Gas Burner and Orifices
• Automatic Gas Control Valves
• Gas Regulator
• Electric Ignition System
• Relay
• Flame Spreader
• Pilot Burner
• Thermocouple/Generator
• Fan and Limit Controls
• Power Burner Motor
• Heating Circuit Transformer
• Venter Motor Assembly
• Roll Out Switch
• Vent System Pressure Switch
• Condensate Pump
• Furnace Low Voltage Circuit Fuse
• Automatic Vent Damper/Motor
• Aqua Stat Controls
• Flow Switch
• Pulley and Belt
• Blower/Component
• Fan Motor
• Door Switch
• Summer/Winter Switch
• Thermostat (other than Wi-Fi enabled thermostats)
The following parts are excluded from coverage under your plan: heat exchanger, heating coil (air handler), heating sections (boiler), firebox/combustion chamber, furnace filters, low and high water cut-off valves, circulating pumps, zone valves, Wi-Fi enabled thermostats and parts added on to accommodate ancillary equipment such as air conditioners, humidifiers, etc. Replacement of the complete heating unit is not covered under any of these plans.
Comfort Cooling Protection Plans:
The following is a complete list of parts covered by your Comfort Cooling Protection Plan:
• Add-On Fan Centres
• Capacitor
• Line Components
• Internal Copper Tubing
• Low Ambient Temperature Sensor
• Add-On Indoor Fan Relay
• Cooling Contactor/Relay
• Evaporator Coil
• Internal Electrical Wiring
• Condenser Fan Motor
• Thermostat (other than Wi-Fi enabled thermostats)
• Fan Blade
• Pressure switch
• Service valve
The following are exceptions from coverage under your plan: compressor and condenser coil replacement and Wi-Fi enabled thermostats. Repairs required within the furnace or air handler are not covered by the Comfort Cooling Protection Plans but are included in the Comfort Heating, or Heating/Cooling combined Protection Plans.
Comfort Heating/Cooling Protection Plus Plans:
Parts coverage and exclusions are the same as the Comfort Heating/Cooling Protection Plans.
CANCELLATION
your plan is in effect for a 60 months term, which term shall automatically be renewed for successive 60 months terms until canceled by either us or by you upon written notice to the other party. Such cancellation will be effective on the date written notice is given unless the party giving the notice indicates otherwise within such notice.
If you cancel this Agreement, you will remain liable to us for any outstanding amounts owing on your account. In the event that we cancel this Agreement, our liability will be restricted to a refund, if any, of the unexpired portion of any payments made, and to complete any repairs or parts placements covered by your plan for which you have notified us up to the date of the termination of this Agreement. In order to cancel the agreement, you must buyout the service plan and pay in full to us the remainder of the payments.
BILLING AND PAYMENT
Payments. Commencing on the Agreement Date, you must make all payments required to be made under this Agreement to us in the form of Pre-Authorized Payment. The first periodic payment will be billed in the first eligible billing period following your agreement date. Your obligation to remit all amounts under this Agreement shall be absolute and unconditional. You shall not hold back, deduct or set-off against any payments whatsoever. If you dispute any provision, you shall continue to make all Payments required hereunder, however, the making of such Payments shall in no way restrict your rights against us for failure to provide agreed upon services. If we assign this Agreement or Payments due under this Agreement, to a bank or other finance company, then you shall make all Payments to them absolutely and without condition. The agreement, any security provided and any and all entitlements under the Agreement. We specifically reserve the right to adjust the monthly rental payments to reflect increased service cost: such increases shall not exceed seven 7% per annum. AUTOMATIC PAYMENT AUTHORIZATION (PERSONAL “PAD" AGREEMENT) by selecting this method of making your monthly payments, you are granting us the authority to debit your bank account, described on the front page, in the amount of your monthly payment plus applicable taxes plus any and all charges, rental increases, commodity tax increases, any returned item charges, past due interest charges. You are furthermore agreeing that this PAD Agreement is personal and shall remain in effect, subject to your right of cancellation upon making other acceptable payment arrangements to us, for the duration of the rental contract. Cancellation of your PAD Agreement will require that you provide us with written notice of not less than 15 days to be faxed or mailed to us. You may obtain a sample cancellation form, or further information on your right to cancel this PAD Agreement, at your financial institution or by visiting www.cdnpay.ca. You have certain recourse rights if any debit does not comply with this agreement. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this PAD Agreement. To obtain more information on your recourse rights, you may contact your financial institution or visit www.cdnpay.ca. We may transfer this authorization and any and all rights under this Agreement without notice to any party that we may select. In the event that you elect to terminate your PAD Agreement, we will require credit card debit information, or Enbridge billing information, if applicable. By entering into this PAD Agreement you are hereby waiving any pre-notification requirement and furthermore agree that termination by you of the PAD Agreement shall in no event affect the obligations arising under your rental agreement and your continuing obligations to ensure that the monthly payment is made when due. It is your responsibility to ensure that any changes to your account information are provided to us immediately. Your account number should be included on the front of your cheque. Cash should not be sent through the mail.
Interest at the rate of 2% compounded monthly (26.82% annually) shall be payable on all unpaid payments, from their due date until paid. You will be charged $35 for any cheque that is returned unpaid by your bank or for any PAP that cannot be processed for any reason. If more than one customer is named on the front of your bill, you understand that each of you is individually liable, and all of you are collectively liable, for all obligations imposed on you by this Agreement.
NOTICE OF CHANGES
You agree to promptly inform us of any change of your mailing address at least 30 days in advance of such change. If you have chosen to make your payments under this Agreement by PAP, you must inform us in writing of any changes in the bank account information you provided.
UNAVAILABLE PARTS and PART REPLACEMENT
If a part is unavailable, we will attempt to obtain a replacement part or an equivalent substitute as quickly as possible, but limited availability of certain parts may result in delays from time to time. In particular, but without limitation, we may not be able to readily or locally obtain parts (including cartridges and washers) for certain makes and models of taps and/or faucets. In the unusual event that we cannot provide a part replacement or an equivalent substitute, we will not be liable for such part replacement, equivalent substitute or for any resulting damages. Parts replacement or equivalent substitutes are solely at our discretion.
Any part that is found to be defective and is replaced under your plan coverage becomes our sole property and may be disposed of at our discretion.
LIMIT ON LIABILITY
We are not the manufacturer or supplier of the heating unit, the cooling unit or the plumbing and drain system and we make no representations, warranties or conditions as to the performance of such equipment or system. We will not be liable for any loss, damage or injury of any type arising out of or related to your Plan or caused or contributed in any way by the use and operation of the heating unit, the cooling unit and/or the plumbing and drain system or any indirect, incidental, special or consequential damages, even if reasonably foreseeable. If we are not able to perform any of our obligations under this Agreement because of circumstances or events beyond our control, we shall be excused from the performance of such obligations for the duration of such circumstances or events and we shall not be liable to you for such failure to perform. These plans are not insurance and do not cover any losses, repairs or replacements arising from abuse, accidental or deliberate damage, theft, vandalism, fire, flood, freezing, earthquake, other natural disasters, acts of war, acts of God, unauthorized repair, if the equipment has been turned off, improper thermostat setting, or household electrical problems.
You will indemnify us from all claims, losses, and costs that we may suffer or pay, or may be required to pay, including legal expenses, in connection with the heating unit, the cooling unit, the plumbing and drain system, your Plan or the use and operation of either the system or unit, including any claims against us for any injury or death to individuals or damage to property. You will pay, when due, all taxes and other charges imposed by any governmental authority on or in connection with this Agreement or your payments made under it.
LIMIT ON CLAIM:
At no given time the amount of the claim can exceed the total monthly payables that have been paid to us during the length of the agreement. Ontario Green Savings reserves the right to cancel this agreement at any time before or after submitting any claims at its sole discretion.
Your plan will become active 21 days after your enrolment.