Terms and Conditions

Just Energy Smart Sprinkler Controller Agreement
Installation will be included at no additional charge if selection above states “Professional Installation.” Customer acknowledges that Just Energy’s representative: identified him/herself clearly as representing Just Energy, a retail electric provider licensed by the Public Utility Commission of Texas; was wearing a Just Energy photo I.D. badge; and did not represent that Customer is required to switch service in order to continue to receive electricity. The representative does not have authority to alter the pre-printed terms of this Agreement, and any such alteration will not apply. If you cancel this Agreement in less than six (6) months from the Installation Date as defined in Section One of the Smart Sprinkler Controller Terms and Conditions, you will be charged a cancellation fee of $99.00. If you cancel this Agreement after six (6) months from the Installation Date up through the end of the term of this Agreement, you will be charged a cancellation fee of $50.00. If you cancel this Agreement prior to shipment or installation of the sprinkler controller, then you will not owe any cancellation fee, provided the sprinkler controller is returned, unused. If you cancel your electricity service with us, this Smart Sprinkler Controller Agreement will terminate on the same date as your electricity service. If we are required to give you written notice, we will send it to your billing address or e-mail address. If a change in law necessitates that we provide a group of our customers with a general notice, we reserve the discretion to do so by posting it on our website at http://www.justenergy.com. You agree to visit it periodically to stay informed. We are not responsible if you do not receive notice due to incorrect or outdated information provided at time of enrollment or failure to update. You consent to receive SMS text messages from us, our affiliates, and/or business partners regarding information about your account, new products, specials, and promotions. Standard message and data rates will apply to SMS messages. Please respond with STOP to opt-out of all text notifications. The laws of the State of Texas govern these terms and conditions. These terms and conditions can only be amended if agreed to by us in a written notice or recorded telephone call with you with a specific reference to these terms and conditions. If a part of these terms and conditions is deemed unenforceable, for any reason, we can make the minimal changes for it to be legal and enforceable. No delay by us to exercise our rights under these terms and conditions will constitute a waiver of our rights. No waiver of a breach by you shall be interpreted as a waiver of any other breach. To the extent permitted by law, you agree that we may update these terms and conditions periodically by posting them to our website at http://www.justenergy.com. Company does not guarantee water savings or other monetary benefit from the sprinkler controller. Customer agrees to purchase the optional smart sprinkler controller. Fees for the smart sprinkler controller will be added to Customer’s monthly electricity bill as a separate line item. The smart sprinkler controller and associated cost. Authorization: Customer has read in its entirety, and understands and agrees to be bound by this Smart Sprinkler Controller Agreement. Customer is at least 18 years of age, authorizes Just Energy to check Customer’s personal credit, and has authority to enter into this Agreement (if Agreement is being signed on behalf of the Customer, the undersigned represents that he/she has the authority to enter into and bind Customer to the Agreement). You consent to receiving the sprinkler controller and to having the associated charges appear on your credit cart statement. You, the Customer, may cancel this transaction at any time prior to midnight of the third federal business day after the date of this transaction by notifying Just Energy at the number 1.866.587.8674
Smart Sprinkler Controller Terms & Conditions
The preceding Smart Sprinkler Customer Agreement page and these Terms and Conditions (the “Agreement”) are the entire agreement between you and Just Energy Texas LP (“Company”) concerning the smart sprinkler controller(s).
Installation. Company will install the sprinkler controller(s), if you selected Company installation, and related equipment, with the specifications identified on the Agreement (the “Equipment”) in a good and workmanlike manner in accordance with the professional practices applicable to the industry. The Equipment will be installed by Company in your home (“Residence”) as close to the scheduled installation date specified on the Agreement as possible and no later than thirty (30) days from that date unless otherwise agreed. The date on which the Equipment is installed shall be the “Installation Date”.
Acceptance, Verification. This Agreement is conditional upon verification, if required, and acceptance of it. Company’s acceptance depends, in part, on whether: (a) Company can verify Customer information by recorded phone call (or other means acceptable to
Company); and (b) You am creditworthy (Company reserves the right to require a deposit prior to acceptance). You give consent to be contacted by email. You also consent to Company contacting you using an automatic dialing device or similar device which delivers automated
messages at the telephone number(s) provided on this Agreement.
Cancellation. YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.
Billing, Payments. (A) This Agreement begins on the Installation Date. You agree to pay Company the monthly price effective from the beginning of this Agreement; (B) the monthly price will be added to your monthly electric bill you receive from the Company. All bills are due and payable sixteen (16) days from the date on the bill. Company has the right to terminate this
Agreement if you fail to pay. If Company terminates this Agreement because you failed to pay, you agree to pay Company all unpaid amounts and related fees. Late payments will result in a charge equal to 5% of your late bill’s past due amount. If you fail to pay Company as a result of insufficient funds on your credit card or in your bank account, you will be charged the greater of (i) $25; or (ii) the amount Company is charged by its bank for such failure. If you fail to pay any amount due under this Agreement, you will be responsible for all reasonable fees and expenses (including attorney’s fees) incurred by Company in collecting the amount due. Company may notify credit agencies of any failure to pay. If you are tax exempt, you must provide Company with your tax exemption certificate. Company may bill you for previous under-billed amounts due to billing errors or omissions where Company bills you within 180 days from the date of issuance of the bill in which the under billing occurred. You may qualify for a deferred payment plan of the under billed amount (you can contact Company for further details). Payment Options: Pay by mail – you may send check or money order to the billing address on your bill.
Your payment may take up to seven (7) business days to process. You may pay your bill automatically using certain credit and debit cards.
Taxes. You will pay lawful taxes and surcharges that may apply to the charges. This may include, but is not limited to, sales tax and gross receipt surcharges imposed on Company by the State of Texas and/or local municipalities that Company passes through to you.
Term. This Agreement will be effective from the beginning of the Agreement as described in Section 4 and will continue for the term identified in the Charges Section of the Agreement.
Ownership and Interest. You understand that Company is and shall remain the owner of the Equipment at all times and that Company is not transferring title to you other than as provided in Section 12. You agree that the Equipment will remain Company’s personal property
even though it may become affixed to your Residence. You understand that you will own the Equipment after the identified term from Installation Date, and that there may be ongoing fees associated with any continued use of the software and services provided alongside the Equipment.
Equipment. (A) You agree to use the Equipment only pursuant to this Agreement. You may not sell, lease, abandon or give away the Equipment during the term of this Agreement. You agree that you will not allow anyone other than Company’s employees or agents to repair the
Equipment during the term of this Agreement. You understand and agree that if repair is required to the Equipment, repair is provided in accordance with Section 13 below and you must still be enrolled in an electricity plan with Company; (B) If no one is at your Residence
when Company’s agent arrives for a scheduled repair, a fifty dollar ($50) fee may be charged to you; (C) Company has no responsibility for the operation or support, maintenance or repair of any equipment, software or repairs that you elect to use in connection with the Equipment. You agree to keep the Equipment connected, and your internet connection active, at all times. Whether an sprinkler controller, gateway/router, or other device is owned by you or Company, Company has the unrestricted right, but not the obligation, to upgrade or change the firmware in these devices remotely or at the Residence at any time that Company determines it necessary or desirable in order to provide repairs to you in accordance with Company’s specifications and requirements. Company reserves the right to collect the following data: outdoor water usage to include but not limited to time, volume, date, type and frequency. Topographic information including type of vegetation, soil, slope and amount of sunlight. Location of sprinkler controller to include MAC ID and Latitude and Longitude information.
Your Commitments and Assurances. You have authority to enter into this Agreement as the owner of the Residence or you have been authorized by the owner to enter this Agreement. You understand that this Agreement is binding upon and will ensure to your heirs, personal representatives and successors and permitted assigns and agree that: (A) You will make all of the payments due under this Agreement to Company, including taxes, and other charges, in a timely manner and will pay interest on any late payments at interest rates that the biller may set,
acting reasonably; (B) You will use the Equipment in accordance with the terms of this Agreement and the terms of any manual or other documentation provided to you with the Equipment; and (C) You will provide Company with access to the Equipment whenever reasonably required for purposes of inspection or repair. You understand that it is your responsibility to ensure that the Equipment is used with care and in accordance with this Agreement, and you will not hold Company responsible for damage caused as a result of the Equipment for any reason. You will be responsible for any damage to the Equipment if caused by you or unauthorized third parties or by fire, flood, accident or other insurable risks.
Assignment. Company may, at any time during the Term of this Agreement, assign all of its rights, title, obligations and entitlements under this Agreement and upon such assignment, Company shall be relieved of any further obligations to you under this Agreement
subsequent to the date of such assignment.
Sale of the Residence. You understand that if you sell your Residence during the Term, you will personally, or through your real estate agent, inform the purchaser that the Equipment is installed and billed pursuant to this Agreement. Company has agreed to release you from your
obligations under this Agreement, effective from the date of sale, so long as: (i) the purchaser is notified in the Agreement of purchaseand sale that the Equipment will continue to be billed; and (ii) the purchaser agrees in writing or by conduct to rent the Equipment on these terms and conditions. You hereby authorize Company to respond to information requests relating to your account with Company made by or on behalf of the purchaser of your Residence for the purposes of affecting the transfer of the Equipment.
Termination. You understand that you may contact Company by telephone at any time and, upon thirty (30) days’ notice, terminate this Agreement, but that there may be an early termination fee. The early termination fee is based on the period of time between your Installation Date and the date the Agreement is terminated (“Period of Use”): a) $99 for less than a 6 month Period of Use; or b) $50 for 6 months or greater Period of Use. If you terminate this Agreement, Company may cease to provide monitoring and service associated with the Equipment and remove your access to the online monitoring portal. You understand that Company may terminate this Agreement at any time if you are in breach of any of your obligations contained herein. Company’s right to terminate is in addition to any other remedy available at law or equity.
Two Year Limited Warranty. The manufacturer warrants that the Equipment will be free from effects in material sand workmanship for two years from the date of delivery or installation, whichever is first (“Limited Warranty Period”). At the manufacture’s sole discretion, Equipment will repair or replace defective Equipment (or part of the Equipment) or accept the return of the Equipment and refund the Customer’s money it actually paid for the Equipment. Repair or replacement may be made with new or refurbished components. Equipment that has been repaired or replaced will be covered by this limited warranty for the longer of thirty days from the date of repair/ replacement or the Limited Warranty Period. This is Customer’s sole and exclusive remedy under this Agreement. This warranty does not cover: (a) Equipment marked “sample” or “as is”; (b) Equipment subject to modifications, alterations, tampering or improper maintenance or repairs; (c) handling, storage, installation, testing or use not in accordance with manufacturer’s instructions; (d) abuse or misuse of the Equipment; (e) breakdowns, fluctuations, or interruptions in water supply, electric power or wifi network; or (f) acts of God,
including lightening, flood, tornado, earthquake or hurricanes; (g) batteries, consumable parts; or (h) use of service providers and/or maintenance or repairs not performed by Company or manufacturer. For limited warranty claims, please contact Company at: 14. Disclaimer of Warranties and Indemnification. EXCEPT FOR THE TWO YEAR LIMITED WARRANTY DESCRIBED IN THE PARAGRAPH ABOVE, THE EQUIPMENT AND SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF PERFORMANCE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHNATBILITY, ARE HEREBY DISCLAIMED AND EXCLUDED UNLESS OTHERWISE PROHIBITED OR RESTRICTED BY GOVERNING LAW. CUSTOMER EQUIPMENT MAY BE DEMAGED OR SUFFER OUTAGES AS A RESULT OF THE INSTALLATION, SELF-INSTALLTION,
USE, INSPECTION, MAINTENANCE, REPAIR, AND REMOVAL OF EQUIPMENT AND THE SERVICES. YOU UNDERSTAND THAT YOUR COMPUTER OR OTHER DEVICES MAY NEED TO BE OPENED, ACCESSED OR USED EITHER BY YOU OR BY COMPANY OR ITS
AGENTS IN CONNECTION WITH THE INSTALLTION OR REPAIR OF THE EQUIPMENT OR SERVICES. COMPANY WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY OF ANY TYPE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR CAUSED OR
CONTRIBUTED TO IN ANY WAY BY THE USE AND OPERATION OF THE EQUIPMENT OR SERVICES, OR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF REASONABLY FORESEEABLE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, AND AGENTS AGAINST ALL CLAIMS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) ARISING OUT OF THE USE OF THE SERVICES, THE EQUIPMENT AND/ OR THE CUSTOMER EQUIPMENT, OR THE BREACH OF THIS AGREEMENT BY YOU OR ANY OTHER USER.
15. Liability. You understand that Company is not the manufacturer of the Equipment and therefore makes no representations or warranties as to the performance of the Equipment including the protection of your data which may be stored on the Equipment, except those which are given by statute and which cannot be waived. If Company is unable to perform any of its obligations under this Agreement because of circumstances or events beyond its control, it shall be excused from the performance of such obligations for the duration of such circumstances or
events and it shall not be liable to you for such failure to perform. YOU AGREE THAT COMPANY’S MAXIMUM DAMAGES TO YOU UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE EQUIPMENT.
16. Customer Information. You: (a) consent to Company collecting, retaining, using and disclosing your information; and
(b) consent to Company collecting, monitoring, recording and using information recorded by the Equipment during the Term of this Agreement.
17. Privacy. You understand that your personal information included in this Agreement, will be collected, used and maintained for the purposes of managing your account with Company, and in accordance with Company’s privacy policy which is available at: https://www.justenergy.com/about-us/privacy-policy/. Company and its affiliates and partners may use your information to communicate with you about other products and services offered by Company and its affiliates and partners.
18. Notice. Company will send notices relating to this Agreement to your billing address (as may be amended from time to time upon receiving updated information from you). You agree that all notices to Company should be sent in a manner by which you will be able to give proof
of delivery upon request, though you can provide notice by phone. Company’s fax number is 1-888-548-7690, and its mailing address is customersupport@justenergy.com. Either party can change its address for receiving notices by notifying the other pursuant to this paragraph. If a
change in law necessitates that a group of customers be given a general notice, Company may give it by posting it on their website at justenergy.com.
19. Disputes. You agree to promptly notify us of any disputed charge on your bill. If you have a dispute you should contact Company by telephone; 1.866.587.8674, Email; customersupport@justenergy.com or in writing; P.O. Box 460008, Houston, Texas 77056. Although you are not responsible for paying any disputed amount on your bill while Company is investigating your dispute, you are still obligated to pay the portion of your bill that is not in dispute by the stated due date. If you do not pay this portion on a timely basis, you may be assessed a late charge, and your Agreement may be subject to termination.
20. Miscellaneous. This Agreement is governed by the laws of the State of Texas. Should any of the terms and conditions in this Agreement be held invalid for any reason by a Court or regulatory body of competent jurisdiction, then such terms or conditions shall be deemed
severed from this Agreement and the remaining terms and conditions shall continue in full force and effect. Neither the failure nor delay of Company to exercise any right or to enforce any term of this Agreement shall be construed as a waiver of such right or term, or of any other right
or term hereunder. The contents of Company’s marketing materials do not form part of this Agreement and you did not rely on them.
Emergency. In an emergency, you agree that You shall contact the appropriate emergency personnel or your utility if appropriate, and not Company.