Terms of Use

Exhibit B

Customer Agreement to HEEHRA Phase I Program Terms and Conditions

 

Program Description: The HEEHRA Phase I initiative (hereafter referred to as the “Program”) provides incentives for the installation of qualifying equipment and appliances at qualifying customer (“Customer”) sites. The Customer is defined as the person or party paying for the project.

Program incentives are paid to the installing contractor (“Participating Trade Professional”) on the condition that the full amount of the incentives is provided to the Customer, or other party designated by the Customer, to discount project costs. Only residential Customers in California are eligible to receive HEEHRA incentives. More information on the Program is available at: https://techcleanca.com/incentives/heehrarebates/ Cohen Ventures, Inc. dba Energy Solutions (“Energy Solutions”) is implementing the Program on behalf of the California Energy Commission.

By signing this document, you, as a prospective Program Customer, are consenting to the Program terms and are indicating you have read and understand the Program rules and disclosures set forth below.

By clicking “yes” in the boxes in the acknowledgment section, you, as a prospective Program Customer, are consenting to the Program terms, and are indicating you have read and understand the Program rules and disclosures, set forth below.

 

NOTICE

California Consumers are not obligated to purchase any full-fee service or other service not funded by this program. This program is funded by the Federal Inflation Reduction Act, managed by the California Energy Commission, and administered by Energy Solutions through a contract with the California Energy Commission. Any data related to this program, including any customer data, will be shared with authorized entities, including but not limited to, policymakers, program implementers, and the program evaluator under confidentiality protocols. This data will follow the confidentiality rules and protocols established by the California Energy Commission and the State of California.  

 

 

Section 1) Program Rules

 

Risks and Benefits of Participation: There are no guaranteed benefits for participating in the Program. When available, incentives can significantly reduce upfront costs of installations of Qualifying Equipment, but there are no guarantees such installations will deliver a certain amount of energy savings. The installation of a heat pump will impact your utility bill. Customers may see an increase in their utility bills when installing a heat pump. Customers who did not previously have air conditioning but are now installing a heat pump that provides air conditioning may have an increased electric bill. Additional energy savings may be realized with a variable speed unit, a smart thermostat, weatherization, improved duct work, and other installed energy efficiency measures. Trade Professionals must show Energy Guide stickers that come with the Energy Star product to their customer to ensure they understand potential utility bill impacts. If the Energy Guide sticker is not available, the contractor must share estimated utility bill impacts with their customer in another way. Neither the California Energy Commission nor Energy Solutions guarantees the performance of installed equipment. Neither the Program, the California Energy Commission, the State of California, the Department of Energy, or Energy Solutions assume any liability for any unpaid incentives, which may present a risk to the installing Participating Trade Professional and you. By signing below, you acknowledge and accept all risks associated with participating in the Program.

By clicking “yes” in the boxes in the acknowledgment section, you acknowledge and accept all risks associated with participating in the Program.

 

Changes to the Program: Energy Solutions may, in its sole discretion, make changes to the Program at any time, including, without limitation, modifying incentive amounts and adding or removing Qualifying Equipment from the Program. The date of such change(s) will take effect on the earlier of (a) the date the change is posted on the Program website, or (b) the date the Participating Trade Professional receives written notice of such change and will apply to any installations completed on or after the date the change takes effect regardless of the date the incentive is applied for. Written notice will generally be provided via email.

 

Qualifying Equipment and Eligible Installation: Only Qualifying Equipment, limited to Energy Star equipment and listed as eligible for HEEHRA Phase I at https://products.switchison.org/heat-pumps/4, is eligible for the receipt of Program incentives. The Program requires that the Qualifying Equipment is installed for a Qualifying Customer only and that the Qualifying Equipment is installed to replace a non-heat pump primary heating source (such as a gas furnace). Replacement of an existing heat pump HVAC is not eligible. Equipment must serve the majority of the heating and cooling load. Equipment installed with new gas furnaces or using fossil fuels for energy or power is not allowed. Dual Fuel heat pumps are not allowed as part of the program. Projects are allowed to keep existing furnaces if the heat pump is sized to handle the home heating load. The existing furnaces must be set to emergency use only, blower only, or fully decommissioned. There is a limit of one heat pump rebate per mailing address. Once the rebate has been applied, the purchased heat pump is no longer eligible for additional Program-sponsored heat pump rebates.

 

Program Funding: This Program is funded by the federal Inflation Reduction Act, managed by the California Energy Commission, and administered by Energy Solutions. Both total and segments of Program incentive funding are subject to certain limits and may be available on a first-come, first-served basis until the funding for a region or the Program is exhausted, or the Program is terminated.

 

Cancellation policy, requirements, process, and any applicable fees: There is no fee for participating in the Program. You should be aware, however, that if you select a Participating Trade Professional who is subsequently terminated from the Program for any reason, the Participating Trade Professional may no longer qualify for incentives and may not pass any discount on to you, depending on the agreement you make with your Participating Trade Professional. None of Energy Solutions, California Energy Commission, the State of California, or the Department of Energy are party to the agreement you make with your Participating Trade Professional, and you must resolve any dispute you have with them.

 

Project Pricing: To receive the best project pricing, Customers may obtain quotes from multiple contractors. The pricing for equipment varies based on the project scope of work or the size of equipment being installed. If you are upgrading your ducts in addition to installing a heat pump HVAC, project costs may be higher. TECH Clean California publishes Heat Pump cost data from TECH participants that show the average project costs by county, Seasonal Energy Efficiency Ratio (SEER), and other factors. This data may not align with your project based on the scope of work of your project but can be used to assess quotes and receive a fair price for your project: https://techcleanca.com/heat-pump-data/heat-pump-data-visuals/.

 

Affiliations: Installing Participating Trade Professional and Energy Solutions or other third parties associated with the Program are not representatives of or affiliated with the California Energy Commission.

 

Installation Requirements: The Qualifying Equipment must be installed by a registered HEEHRA Phase I approved contractor. A list of approved contractors can be found here: https://www.switchison.org/contractor-finder. The equipment must be installed for your benefit only.

 

Participating Trade Professional Agreement with Customer: To be eligible for incentives the Program Participating Trade Professional must enter into an agreement with each Qualifying Customer that is receiving an incentivized product (“Customer Agreement”). This Customer Agreement must include the following: i) Participating Trade Professional’s company name and ultimate parent, and ii) Participating Trade Professional’s customer service contact information (phone number and email).

 

Quality Assurance and Quality Controls Protocols: All applications for incentives will be subject to automated and manual protocols designed by Energy Solutions to determine Program eligibility and detect fraud.  Such protocols may evaluate equipment and customer eligibility, confirm an existing heating system was replaced, and determine if the installed Qualifying Equipment is in good working order. 

 

Inspections, Verification, and Evaluation: The installation of the equipment will be subject to verification and metering by Energy Solutions, its representatives, and Program evaluators, as approved by CEC. Verification, evaluation (including onsite inspections at your address), and metering may be performed on all Qualifying Equipment or a select portion thereof. Evaluation activities may include surveys and interviews of contractors and homeowners/occupants to understand equipment performance and the Program experience.

 

Income Qualification and Verification: Customers must have an income under 150% of the Area Median Income to qualify for the Program. The Program has two categories of income qualification:

·        Low-Income Customer – Customer with income under 80% of the Area Median Income ^[1] .  

·        Moderate-Income Customer – Customer with an income between 80% and 150% of Area Median Income.

 

Single Family Incentives are different for these two income categories, and incentive budgets are specific to these income categories as posted on https://techcleanca.com/incentives/ . All customers must undergo program-specific income qualification through the Program Income Portals. Previous approval of income verification through the TECH Program will only convert to HEEHRA Phase I eligibility if income information was provided within 12 months of the project application and verified through income documentation. Previous approval through categorial eligibility will not be accepted. Eligible tools can be found at:

https://techcleanca.com/incentives/heehrarebates/

Income Portals will provide connections to contractors to provide proof of income or will provide an income verification code that contractors can submit as part of the application process. All participating contractors will be required to provide proof of income category verification as part of the rebate claim submission process.

 

Stacking Incentives: Rebate funds from the HEEHRA Phase I program may not be combined with other Federal grants or rebates, except for tax credits, for the same single “qualified electrification project” (equipment plus labor). Projects receiving HEEHRA Phase I rebates can receive incentives and rebates from TECH, utility energy efficiency programs, and other non-federally funded incentives and rebates depending on program rules and requirements. Federal rebates can be used for measures other than the installation of a heat pump HVAC system.

Rebate Caps: Total Rebates received from HEEHRA Phase I, TECH Clean California, or other programs cannot exceed total project costs. For Moderate income projects, total HEEHRA Phase I Incentives cannot exceed more than 50% of total project costs.

 

Contractor Work Requirements: Contractors must provide the following services as part of the Program:

1)    Combustion Safety Testing (tested in and out)

2)   Limited Home Assessments (including mold identification)

3)   HERS testing and/or Quality Installation

Contractors must notify participants of any failed tests. Contractors must either remedy the situation as part of their scope of work or refer customers to other Programs that may be able to provide remediation costs. These Programs include the Energy Savings Assistance (ESA), Weatherization Assistance Program (WAP) or the Low-Income Heating Energy Assistance Program (LIHEAP). More details on these programs can be found on the TECH Knowledge base under Supplementary Low-Income Programs.

Any issues uncovered as part of the HERS test procedure must be remedied by the participating contractor given that a successful HERS test is a required step to close out an HVAC related permit.

Participating contractors will not be required to provide proof of previous failure and any associated remediation. Instead, they will be required to provide proof of successful test in and test out.

 

Falsification of Information and Fraud: Any serious issues, such as fraud, harassment, discrimination, security breaches, or complaints, will be shared with California Energy Commission immediately. Any participant – including any Participating Trade Professional or Qualifying Customer - involved with a serious issue will be temporarily suspended from the program and , in the case of a Participating Trade Professional, removed from customer facing listings while investigations occur. If it is determined that fraud did occur, the participant(s) will be permanently removed from the program and must, repay Energy Solutions for any incentives they fraudulently claimed, Participants may be subject to other legal action for fraud as well.

Information on these terms will be provided in both the customer terms and conditions and the Trade Professionals Participation Agreement.

 

Warrant disclaimer and liability: Energy Solutions does not endorse, guarantee, or warrant any manufacturer, distributor, or product, nor make any warranties or guarantees in connection with the program, any project, or any item or services performed in connection herewith or therewith, whether statutory, oral, written, express, or implied, including, without limitation, warranties of merchantability and fitness for a particular purpose. Energy Solutions shall have no responsibility or liability to the Customer, its agents, or any third parties in connection with the program or otherwise. This disclaimer shall survive any cancellation, completion, termination, or expiration of the Customer’s participation in the program.  The Customer acknowledges and agrees that any warranties provided by original manufacturers, licensors, or providers of material, equipment, or other items provided or used in connection with the program and in connection with these terms and conditions, including items incorporated in the program (“third-party warranties”) are not to be considered warranties of Energy Solutions and Energy Solutions does not make any representations, guarantees, or warranties as to the applicability or enforceability of any such third party warranties.  

In no event shall a party be liable to another party for any consequential, incidental, punitive, or indirect damages including lost profits, arising from or otherwise in connection with this participation agreement. 

 

Limitation of Liability: Neither the California Energy Commission nor Energy Solutions shall be liable to any consumer for any claims, damages, or liabilities arising from or related to any alleged non-compliance with the foregoing provisions. The Consumer Bill of Rights is provided solely for informational purposes and does not create, confer, or serve as the basis for any enforceable rights, obligations, or causes of action.

 

Section 2) Consumer Bill of Rights

 

I. Availability of Information

Consumers have the right to accurate, easily understood information about the Home Energy Rebate programs on their state* program website and through a state-managed consumer hotline or email, including access to information outlined in this Consumer Bill of Rights and required by the state’s Consumer Protection Plan. The State will provide hard copies of documents related to the Home Energy Rebate programs as requested by consumers. The state will provide program information in an ADA-compliant format and in Spanish and other languages as appropriate.

II. Information on Home Energy Rebates

Consumers have the right to accurate, easily understood information on eligibility and qualifications for rebates under the Home Energy Rebate programs and how any available rebates may be applied to products.

III. Qualified Contractors

Consumers have the right to have work performed by a contractor from their state’s qualified contractor list. The qualified contractor list will be publicly available so consumers can readily confirm their contractor is on the list.^[2]

IV. Information on Contractors

Consumers have the right to access easily understood information on how contractors are qualified by their state and how a contractor can be disqualified from the Home Energy Rebate programs.

V. Installation Standards

Consumers have the right to assurance that the installation of any products under the Home Energy Rebate programs are completed in a quality manner that complies with local and state laws, permits, codes, and industry standards.

VI. Energy Efficient Products

Consumers have the right to energy efficient products, including ENERGY STAR products, if applicable.

VII. Impact on Energy Bills

Consumers have the right to accurate, easily understood information about estimated impacts on their energy bills from products installed through the Home Energy Rebate programs, including how those impacts are calculated.

VIII. Financing for Products

Product financing is not available in the HEEHRA Phase I funding TECH program.

IX. Confidentiality of Personal Identifiable Information

Consumers have the right to have any financial or other Personal Identifiable Information that they provide kept confidential except as necessary to verify income and administer the Home Energy Rebate programs.

X. Consumer Feedback and Complaints

Consumers have the right to communicate questions, concerns, complaints, or other feedback through a state consumer hotline or email. Consumers also have the right to a prompt response to their communication; information on any corrective actions that will be taken in response to their communication; and accurate, easily understood information about any dispute resolution process.

XI. Renters Rights

Consumers who occupy rental properties have the right to accurate, easily understood information about any products being installed in their home by the owner through the Home Energy Rebate programs. For consumers in low-income apartments or other low-income rental properties, their rent cannot be increased because of the energy improvements installed except to cover documented increases in property taxes or operating and maintenance costs related to the improvements for a period of two (2) years. In addition, renters cannot be evicted so the landlord can obtain higher rent tenants for a period of at least two (2) years.

XII. Consumer Responsibilities

Consumers understand that by participating in a Home Energy Rebate program, they have reasonable responsibilities and obligations to cooperate with Program Administrators, including potentially: (1) consenting to a home energy assessment prior to work being done; (2) consenting to the testing of installed products during and/or after installation is complete; (3) consenting to an in-person photographing of any products after installation; and (4) providing the state with access to utility bills upon request. Consumers also understand that they will receive a customer satisfaction survey from the California Energy Commission several months after installation of any home improvements or appliances funded through a Home Energy Rebate program.

*: “State” includes territories and Tribes, as appropriate.

 

Section 3) Privacy Policy

 

This policy explains the rights of California residents regarding the collection, use, sale, and sharing of their personal information under the California Consumer Privacy Act of 2018 (CCPA), as amended by the California Privacy Rights Act of 2020 (CPRA). We may update and make changes to this policy, so we encourage you to review it periodically.

1.       Key Terms. It would be helpful to start by explaining some key terms used in this policy:

 

We, us, our	Energy Solutions
Our representative	Alex MacCurdy – amaccurdy@energy-solution.com; 714-787-1070, x504
Personal information	Any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked with a particular consumer or household.

 

 

2.       Personal Information We Collect About You. In the preceding 12 months, we have collected the following categories and specific types of consumer personal information:

 

Categories of Personal Information	Specific Types of Personal Information Collected
Identifiers (e.g., a real name, alias, postal address, unique personal identifier, email address, account name, or other similar identifiers)	Name, address, and email
Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, their name, address, telephone number, employment, or employment history.	Name, phone number, employment history could be collected depending on the income verification documentation that is submitted to the program.
Commercial information (e.g., records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies)	Commercial information could be collected depending on the income verification documentation that is submitted to the program.
Professional or employment-related information	Professional or employment-related information could be collected depending on the income verification documentation that is submitted to the program.
Sensitive Personal Information	Sensitive financial information could be collected depending on the income verification documentation that is submitted to the program if any such documentation includes the customer’s social security number (such as tax returns, pay stubs, W2s, bank statements, employer statements, social security statements, and/or unemployment statements).

 

3.       How Your Personal Information is Collected. We collect most of this personal information directly from you via our website. However, we may also collect information from the following categories of sources:

·        Third party with your consent (e.g., your contractor);

·        Cookies on our website;

·        Our IT systems

4.       Why We Use Your Personal Information. We collect consumer personal information for the following business purposes:

•        To verify income for participation in the program;

•        To comply with our legal and regulatory obligations;

•        For the performance of our contract with you or to take steps at your request before entering into a contract;

•        Where you have given consent.

A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.

The table below explains what we use (process) your personal information for and our reasons for doing so:

 

What we use your personal information for	Our reasons
To provide services to you	To collect necessary information to approve your rebate application, which includes income verification
Conducting checks to identify our customers and verify their identity Other processing necessary to comply with professional, legal and regulatory obligations that apply to our business, e.g., under health and safety regulation or rules issued by our professional regulator	To comply with our legal and regulatory obligations
Gathering and providing information required by or relating to audits, enquiries, or investigations by regulatory bodies	To comply with our legal and regulatory obligations
Ensuring business policies are adhered to, e.g., policies covering security and internet use	For our legitimate interests or those of a third party, i.e., to make sure we are following our own internal procedures so we can deliver the best service to you
External audits and quality checks, e.g., for accreditations and the audit of our accounts	For our legitimate interests or a those of a third party, i.e., to maintain our accreditations so we can demonstrate we operate at the highest standards To comply with our legal and regulatory obligations

 

5.       Your Rights Under the CCPA/CPRA. You have the right under the California Consumer Privacy Act of 2018 (CCPA), as amended by the California Privacy Rights Act of 2020 (CPRA), and certain other privacy and data protection laws, as applicable, to exercise free of charge:

 

Disclosure of Personal Information We Collect About You	You have the right to know, and request disclosure of:   • The categories of personal information we have collected about you, including sensitive personal information; • The categories of sources from which the personal information is collected; • Our business or commercial purpose for collecting, selling, or sharing personal information; • The categories of third parties to whom we disclose personal information, if any; and • The specific pieces of personal information we have collected about you.   Please note that we are not required to:   • Retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained; • Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; or • Provide the personal information to you more than twice in a 12-month period.
Disclosure of Personal Information Sold, Shared, or Disclosed for a Business Purpose	In connection with any personal information we may sell, share, or disclose to a third party for a business purpose, you have the right to know:   • The categories of personal information about you that we sold or shared and the categories of third parties to whom the personal information was sold or shared; and • The categories of personal information that we disclosed about you for a business purpose and the categories of persons to whom the personal information was disclosed for a business purpose.   You have the right to opt-out of the sale of your personal information or sharing of your personal information for targeted behavioral advertising. If you exercise your right to opt-out of the sale or sharing of your personal information, we will refrain from selling or sharing your personal information, unless you subsequently provide express authorization for the sale or sharing of your personal information.   To opt-out of the sale or sharing of your personal information, please email privacy@energy-solution.com , or call our toll-free number at 888-560-2422.
Right to Limit Use of Sensitive Personal Information	You have the right to limit the use and disclosure of your sensitive personal information to the use which is necessary to:   Perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services; To perform the following services: (1) Helping to ensure security and integrity to the extent the use of the consumer’s personal information is reasonably necessary and proportionate for these purposes; (2) Short-term, transient use, including, but not limited to, non-personalized advertising shown as part of a consumer’s current interaction with the business, if the consumer’s personal information is not disclosed to another third party and is not used to build a profile about the consumer or otherwise alter the consumer’s experience outside the current interaction with the business; (3) Performing services on behalf of the business, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of the business; and (4) Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business; and ·          As authorized by further regulations.   You have a right to know if your sensitive personal information may be used, or disclosed to a service provider or contractor, for additional, specified purposes.   To limit the use of your sensitive personal information, please email privacy@energy-solution.com or call our toll-free number at 888-560-2422.
Right to Deletion	Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will: • Delete your personal information from our records; and • Direct any service providers or contractors to delete your personal information from their records. • Direct third parties to whom the business has sold or shared your personal information to delete your personal information unless this proves impossible or involves disproportionate effort.   Please note that we may not delete your personal information if it is reasonably necessary to: • Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us; • Help to ensure security and integrity to the extent the use of the consumer’s personal information is reasonably necessary and proportionate for those purposes; • Debug to identify and repair errors that impair existing intended functionality; • Exercise free speech, ensure the right of another consumer to exercise their right of free speech, or exercise another right provided for by law; • Comply with the California Electronic Communications Privacy Act; • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent; • Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; • Comply with an existing legal obligation; or • Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Right of Correction	If we maintain inaccurate personal information about you, you have the right to request us to correct that inaccurate personal information. Upon receipt of a verifiable request from you, we will use commercially reasonable efforts to correct the inaccurate personal information.
Protection Against Retaliation	You have the right to not be retaliated against by us because you exercised any of your rights under the CCPA/CPRA. This means we cannot, among other things: • Deny goods or services to you; • Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; • Provide a different level or quality of goods or services to you; or • Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services.   Please note that we may charge a different price or rate or provide a different level or quality of services to you, if that difference is reasonably related to the value provided to our business by your personal information. We may also offer loyalty, rewards, premium features, discounts, or club card programs consistent with these rights or payments as compensation, for the collection of personal information, the sale of personal information, or the retention of personal information.

 

6.       How to Exercise Your Rights. If you would like to exercise any of your rights as described in this Privacy Policy, you can do so by emailing privacy@energy-solution.com. You may also call us at 888-560-2422.

Please note that you may only make a CCPA/CPRA-related data access or data portability disclosure request twice within a 12-month period.

If you choose to contact us directly by email or via phone, you will need to provide us with:

•        Enough information to identify you (i.e., your full name, address, and customer or matter reference number);

•        Proof of your identity and address (i.e., a copy of your driving license or passport and a recent utility or credit card bill); and

•       A description of what right you want to exercise and the information to which your request relates.

We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information or is someone authorized to act on such person’s behalf.

Any personal information we collect from you to verify your identity in connection with your request will be used solely for the purposes of verification.