ONTARIO CONDITIONS

Conditions of Service (Ontario – Canada) – YES Energy Management®
This document provides information about the utility billing services provided by YES Energy Management, Inc. (“YES”) in Ontario, Canada. In addition to the terms laid out in this document, your lease agreement may contain additional terms relating to charges imposed by your landlord and listed on your monthly bill.

Monthly Billing

Each month YES will calculate utility related charges and mail you a bill. If your unit has a sub-meter measuring device installed, YES will measure and record the actual utility consumption in your unit and use this information to calculate your bill. You are entitled to the meter data information related to your account, and YES will provide such information upon request. YES may estimate utility consumption based on historical usage in the event that sub-meter data cannot be obtained due to meter malfunction or failure. Your final bill may also be estimated to ensure you receive your bill prior to your move-out date. In addition to consumption charges, YES or your landlord may impose service charges related to your account including but not limited to the following:

Monthly Service Charge
Account Setup Fee
Late Payment Charges
Returned cheque charge (plus bank charges)
Meter Dispute Charge (plus Measurement Canada Fees if meter found correct)
Arrears Certificate; Statement of Account; Pulling Post Dated Cheques; Account
History; Bill Reprint; Credit Reference Letter

The amount for each charge will be set out in your lease agreement and/or your first billing. These charges are subject to change from time to time. Information about changes will also be mailed to you with the first billing issued with revised charges.

Security Deposits

Security deposits are not collected by YES. However, your landlord may choose seek a security deposit prior to establishing utility service. The specific terms and procedures concerning the collection of security deposits are set solely by your landlord.

Payment Information

Charges listed on your bill must be paid by the due date printed on the bill. Payment for all charges listed on your bill is to be paid directly to your landlord. Your landlord may choose to impose a late fee charge if payment is not received by the due date.

Dispute Resolution Procedure

Should you have any questions about your bill, please contact YES at the number listed on your bill or send an e-mail message to [email protected]. If the matter is not satisfactorily resolved, you may refer the matter to the Director, YES Energy Management, 29910 Federal Drive, Suite 100, Colorado Springs, CO 80921-3616, who will address the matter in consultation with the applicable Team Leader in charge of your account. If the matter is not satisfactorily resolved after contacting the Director, the Customer may refer the matter to the Ontario Energy Board’s Consumer Relations Centre.Metering inaccuracy is quite rare, and in most cases YES can resolve inquiries that involve meter disputes without the involvement of Measurement Canada. YES will first review the account to investigate if there is a billing error or meter reading error. Either you or YES may request the service of Measurement Canada to resolve a dispute. If you initiate the dispute, YES will charge you a Meter Dispute Fee. If the meter is found to be inaccurate and Measurement Canada rules in your favour, YES will refund the fee.Please note that YES does not have control over landlord imposed charges. Inquiries concerning landlord imposed charges will be forwarded to your landlord for resolution.

Disconnections

YES’ policy is to not perform utility service disconnections, however we reserve the right to disconnect service for causes including, but not limited to, equipment repairs, technician safety, equipment interference, or the existence of a hazardous condition. YES cannot guarantee uninterrupted utility service. YES will attempt to notify you of planned outages, but may not be able to provide such notice if such outages are unplanned or due to an emergency. In the event of a disruption in the supply of utility service, YES will not be liable under any circumstances whatsoever for any loss of profits or revenues, business interruption loss, loss of contract or loss of goodwill or for any direct, indirect, consequential, incidental or special damages, including but not limited to punitive or exemplary damages, whether any of the said liabilities, losses or damages arise in contract, tort or otherwise.

Amendments and Changes

These Conditions of Service shall be deemed to have been automatically amended to the minimum extent necessary to achieve compliance with the applicable laws, regulations and codes.In the event of changes to these Conditions of Service, YES will provide notice of the changes before they become effective, and will post the current version of the Conditions of Service on its website (http://www.yesenergymanagement.com/yesenergymanagement/wp-content/uploads/sites/13). Upon request, YES will provide any Customer with a written copy of these Conditions of Service.

Related Code and Governing Law

YES’ operations are governed or guided by the latest editions of the following Codes and Acts:

Ontario Electricity Act, 1998
Ontario Energy Board Act, 1998
Unit Submetering Licence (ES-2011-0058)
Ontario Electrical Safety Code
Electricity and Gas Inspection Act
Unit Sub-Metering Code
Some of the conditions imposed by this document may be implemented by a person such as your landlord acting on behalf of YES under the authority of YES’ terms of license and in accordance with the above Codes and Acts.

Contact Information

You may contact YES using one of the following methods:

Postal Mail
YES Energy Management Inc.
9910 Federal Drive, Suite 100
Colorado Springs, CO 80921-3616 USA

Telephone and Facsimile
Toll Free Customer Service: +1 (844) 863-2278
Fax: +1 (719) 632-4526

Electronic Mail
Customer Service: [email protected]

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ONTARIO CONDITIONS