This Agreement is entered into and made by and between SimpleBills Corporation (“Company”) and the tenant(s) of a leased apartment unit (“Unit”) within a residential property located in North Carolina regarding which the lessor (“Provider”) has obtained a certificate of authority to resell electric utility service from the North Carolina Utilities Commission and has chosen to use the Company as its third-party utility billing agent for electric utility service from the public utility (“Supplier”). The tenant may be referred to as “Customer”. This Agreement shall be effective on the date of submission of a complete and accurate application by Customer, as described below (the “Effective Date”). Company and Customer are hereinafter collectively referred to as the “Parties”.
In consideration of the mutual promises, covenants and conditions contained herein, the Parties agree as follows:
The term of this Agreement will commence upon the Effective Date and shall continue to the End Date as described below. This Agreement shall not renew for consecutive subsequent renewal periods unless Customer completes enrollment according to instructions identified in Paragraph 2 below, and is agreed to by Company and Customer in accordance with the terms set forth in this Agreement (initial term and subsequent renewal terms are referred to herein as “Term”). The Term of this Agreement is identical to the term of Customer’s lease with Provider.
Customer shall enroll online and complete an application on Company’s website (“Application”). In the Application, the Customer shall designate the Effective Date and the date after which the Company will no longer provide a service except to fulfill its responsibilities as defined herein (“End Date”). In order to enroll, the Customer must be at least 18 years of age and have a valid email address, internet access, and a current valid accepted payment method as described in Paragraph 10.
The Company shall equally divide the actual amount charged by the Supplier for the Unit as a whole less any amount charged by the Supplier that is not recoverable from tenants, such as connection or disconnection charges, provider late fees, or amounts attributed to excess usage as provided in Rule R22-7(f) of the Rules and Regulations of the North Carolina Utilities Commission, and shall send one bill to Customer each month (“Service”). The amount charged shall be prorated when one or more tenants have not leased the Unit for the same number of days as the other tenants in the Unit during the billing period. The proration shall be determined on the basis of tenant-days; for example, if one tenant has occupied a Unit for 30 days during a month, another has occupied it for 20 days, and a third for 10 days, then the total number of tenant-days for the month is 60, and the three tenants shall be charged one-half (30/60), one-third (20/60) and one-sixth (10/60) of the total bill, respectively. The “Bill Date” is the date the Company invoices the Customer. Service will begin only after the Customer has completed the application process described above. The Service provided by Company shall be governed by and provided in accordance with North Carolina law and the rules, regulations and orders of the North Carolina Utilities Commission. Tenant’s rights with regard to utility billing are set out in Rule R-22 of the Rules and Regulations of the North Carolina Utilities Commission, a copy of which is available online atwww.ncuc.net.
4. Account Access
Customer shall be given one user name and password combination by Company with which Customer can access the account on Company’s website. By sharing the password, Customer agrees to be responsible for assuring that any person accessing the account agrees to and complies with these Terms of Service. Customer shall be responsible for any action taken by any person to whom Customer has shared his or her account password.
5. Payment Obligations of Customer
Customer shall pay Company its prorated share of the monthly electric bill, plus any additional administrative fees or costs approved by the North Carolina Utilities Commission. Bills will be due not less than twenty-five (25) days after the bill is e-mailed to Customer (“Past Due Date”). If Customer pays by any method other than a Payment Method registered with the Company pursuant to Paragraph 10, the payment must be received by the Company or postmarked by the Past Due Date.
6. Refund of Underages
In any month when a Customer’s electric use is less than the dollar allowance or conservation cap stated by the Provider, Company will refund or credit the difference (the “Underage”) to Customer.
7. Final Billing Procedure
Customer agrees to pay the final invoice, which shall consist of Customer’s prorated share of all utility charges received for the final month of utility service. This invoice may be received by Customer after the final day of the Term.
8. Cost of Service
For service provided hereunder, Company shall charge a monthly fee of $3.75 per Customer (the “Monthly Fee”) as long as this Agreement remains in effect. .
9. Utility Set-Up
Provider shall establish electric utility service to the Unit. Customer shall not establish individual accounts with the Supplier.
10. Payment Method
Customer must have a bank account on file with Company (“Payment Method”) in order to use Company’s Service. Customer is not required to pay using Payment Method, but can also pay with any of the following methods: check, money order, recurring or one-time bank bill-payment, or bank draft. Customer may change the bank account designated for the Payment Method at any time; however, Customer agrees that the designated bank account will not be removed unless immediately replaced by a different bank account. If Customer elects to use an optional recurring automatic payment, Customer authorizes Company to automatically withdraw payment from its bank account on or about the sixth (6th) calendar day following the Bill Date each month for the amount of the Customer’s invoice. Please note that to make changes to Payment Method, Customer must contact us at 254.230.0199 or email us at firstname.lastname@example.org to request a change at least 3 business days before a scheduled draft. Changes received by Company after this period may be delayed until the following Bill Date. To cancel single payments made online, Customer must contact us at 254.230.0199 or email us email@example.com within 24 hours of initiating payment.
Company shall invoice Customer electronically via its internet site. All official notifications sent by Company shall be in e-mail format and shall be sent to e-mail addresses designated by Customer, and Customer hereby consents to receipt of electronic notifications and bills from Company. E-mail notice shall be effective upon sending. Company shall send all utility invoices each month after it receives the electricity bill for the Unit.
12. Event of Default
If Customer fails to make any payment by the Past Due Date or fails to maintain an active account with Company, then Company will consider the invoice to be uncollectable, in “Default,” and will forward the defaulted invoice(s) to Provider for collection of utility bill(s).
Customer agrees to allow Company to share any account or payment information with Customer’s lease guarantor, if any. Company shall not share automatic bank draft account information, social security numbers and birth dates with any party except as provided herein. Notwithstanding the preceding sentence, if Provider is required to send an account to an outside debt collections agency, Company shall provide any information necessary in order for Provider to employ such a service.
14. Disclaimer of Warranties
Company hereby warrants and represents to Customer that any Service will be provided and performed in a timely, competent and professional manner. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WITH RESPECT TO THE SERVICE PROVIDED UNDER THIS AGREEMENT. COMPANY SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
15. Limitation of Liability
Company shall not be liable for loss, injury or damage caused by delays, interruptions or causes beyond Company’s control. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER HEREUNDER FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND REGARDLESS OF WHETHER SUCH PARTY WAS ADVISED, HAD REASON TO KNOW, OR IN FACT KNEW, OF THE POSSIBILITY THEREOF.
16. Remedies for Company’s Breach
Customer may seek from the North Carolina Utilities Commission any remedies authorized by North Carolina law and the rules and regulations of the North Carolina Utilities Commission.
The Customer should first contact the Provider’s office with any questions he or she may have regarding the bills or complaints about service. In cases of dispute, the Customer may contact the North Carolina Utilities Commission by calling the Public Staff – North Carolina Utilities Commission, Consumer Services Division, at (866) 380-9816 (in-state calls only) or (919) 733-9277, appearing in person at 430 N. Salisbury Street, Raleigh, North Carolina, or writing the Public Staff – North Carolina Utilities Commission, Consumer Services Division, at 4326 Mail Service Center, Raleigh, North Carolina 27699-4300.
18. Binding on Successors
This Agreement is binding upon the Parties and their assigns.
Customer may not assign this Agreement to any other person, including, but not limited to, sublessees, without Company’s express prior written consent.
Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.
21. Severability Clause
If any clause, sentence, paragraph, section or part of this Agreement is judged to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof.
Customer hereby represents that Customer understands this Agreement and agrees to it after having read it carefully.
Customer’s obligation to pay any outstanding balance pursuant to the terms of this Agreement, as well as Paragraphs 7 and 10 through 23 shall survive termination of this Agreement.