Create Program
Please fill out the required fields to upload your utility bill PDFs.
There is no out of pocket cost for a consumer to create a smart meter program! There is a member application fee that is exclusively derived from every utility bill refund, credit, or any utility bill avoided cost. It's simple … No Results No Fee!
The results benefit all consumers by analyzing and auditing each service charge that has already occurred on the utility bill, in comparison to actual smart meter program app avoided cost "identified and applied" during the same time period listed on the utility bill.
Immediately starting with the next utility bill period, avoided and retained cost are calculated in real time based on the consumer's actual smart meter usage, not what the consumer reduces through energy efficiency measures. All monthly utility bill savings accumulate in real time, not based on future assumptions. You can easily identify program "estimated utility bill savings" by using our Utility Bill Savings Estimator
The Smart Meter Program App allows any utility consumer to control, reduce, and maintain the cost of services provided on every utility bill with secured access to all utility company smart meter features and functions, as required by state and federal law.
I/We the Smart Meter ID, hereafter referred to as the Member, hereby subscribe to the Smart Meter Program, hereafter referred to as the App, to perform a detailed audit and a complete regulatory analysis of the factors and procedures used by the Member electric utility supplier to render billings for all of the existing Member facilities and any acquired during this agreement. The App will seek refunds or reductions in the Member electric utility costs. The App audit, conducted under the following terms and conditions, will cover: All Electric Utility Bills Uploaded.
I. UNDERSTANDING:
The App will provide each Member with specialized intellectual property and proprietary smart meter technology for a minimum of twelve (12) months from this date for proper development and completion of a full term integrated audit of the Member electric utility expenditures and billing.
a. The Member hereby appoint the App as the Member exclusive agent with full and irrevocable authorization for the term of this agreement to work on the Member behalf, directly with the Member electric utility supplier, advising the Member of all findings, recommendations and negotiations.
b. The Member will provide the App secured access to the electric utility company smart meter through UtilityAPI for the initial analysis which will include, if indicated, a search as far back as refunds may be recoverable.
c. The Member will provide the App with access to all of the Member electric utility bills monthly, as well as any other billing data, or utility related information or communications the App deems essential, for the term of this agreement so the App may continue this analysis, prevent further overcharges from occurring, and monitor utility compliance.
II. IMPLEMENTATION OF RECOMMENDATIONS:
a. No negotiations are currently under way between the Member and the electric utility supplier. If the utility company refuses to connect with the App, the Member will conduct necessary negotiations in accordance with the App guidance, and will keep Program Support informed of all written and verbal communications. If the Member has any communication directly with the utility company, the Member will notify Program Support immediately by email of the communication details.
b. The Member will implement any required utility agreements attached hereto, including all no-cost billing or contract changes recommended by the App within ten (10) days of notification, and will also keep the App fully informed of the progress.
c. Recommendations, however, requiring either capital expenditure out-of-pocket expenses in excess of $1000 or operational changes will be implemented only at the option of the Member.
III. TERMINATION:
a. Provided the Member is not in default hereunder, the Member can terminate this agreement at any time after twelve (12) months from this date by notifying Program Support in writing by email.
b. If the Member utility service ceases, and all money due has been paid, this agreement may be terminated.
IV. RENEWAL:
a. The Member must notify Program Support by email at least thirty (30) days prior to the ending date of this agreement, otherwise its terms will automatically extend successive twelve (12) month periods.
b. The Member will continue to provide the App all billing information for the services involved and pay the Member App Fee as outlined in said paragraph VI. (d) below.
V. DEFAULT:
Should the Member default in its obligations as specified herein, payment equal to 3% of the Member annual electric utility costs shall become due and payable immediately upon demand by the App. The Member will have 10 days to cure said default upon written notice by email from Program Support.
VI. PAYMENT TERMS:
Verified reduction in electric utility costs shall be defined as the difference, as verified by the App, between actual costs on each new utility bill and the actual costs that would have occurred on each old utility bill without the App.
a. Each Member understands and agrees that the Member App Fee is required to be paid immediately upon program login.
b. Savings resulting from reduced consumption because of energy efficiency is not included in the member app fee.
c. This agreement shall be governed by and construed in accordance with the laws of Illinois. Each Member does agree to pay the App reasonable attorneys' fees in the event that amounts owed under this agreement are collected by or through attorneys.
d. In return for the services described above, the Member will pay the following Member App Fee:
Upon fulfillment of this agreement by both parties, if any portion of the Member App Fee is not fully recovered and retained through the App utility-related recommendations, the Member will automatically receive a FULL REFUND of the Member App Fee.
VII. We mutually agree that:
These terms and conditions constitute the entire agreement, and can be changed only by mutual written consent.
This MUTUAL NON-DISCLOSURE governs the sharing of information by and between, the App and the Member as of Today (the "Effective Date").
Definition of Confidential Information. As used herein, "Confidential Information" shall mean any and all technical and non-technical information related to the regulation of rates and tariffs, measurement, metering, and/or monthly utility billing associated with the cost of utility usage or consumption through any Regulated Utility Company or Retail Electric Service Provider provided by the App to the Member, including but not limited to any:
Identification of Confidential Information. If the Confidential Information is embodied in tangible material (including without limitation, software, hardware, drawings, graphs, charts, disks, tapes, prototypes and samples), it shall be labeled as "Confidential" or bear a similar legend. If the Confidential Information is disclosed orally or visually, it shall be identified as such at the time of disclosure.
Handling of Confidential Information. Each party knowingly agrees that at all times and notwithstanding any termination or expiration of this Agreement it will hold in strict confidence and not disclose to any third party Confidential Information of the other, except as approved in writing by the other party to this Agreement, and will use the Confidential Information for no purpose other than validation and verification of the measurement, metering, and/or monthly utility billing associated with the cost of utility usage or consumption through any Regulated Utility Company or Retail Electric Service Provider provided by the App to the Member, or the other party to this Agreement. Each party shall only permit access to Confidential Information of the other party to those of its employees or authorized representatives having a need to know and who have signed confidentiality agreements or are otherwise bound by confidentiality obligations at least as restrictive as those contained herein.
Terms and Termination. This Agreement shall terminate four (4) year(s) after the Effective Date. The Recipient's obligations under this Agreement shall survive termination of the Agreement between the parties and shall be binding upon the Recipient's heirs, successors and assigns indefinitely. Upon termination or expiration of the Agreement, or upon written request of the other party, each party shall promptly return to the other all documents and other tangible materials representing the other's Confidential Information and all copies thereof.
Warranties. Each party represents and warrants to the other party that (i) it has the requisite corporate authority to enter into and perform this Agreement, (ii) this Agreement constitutes its legally binding obligation, enforceable in accordance with its terms, and (iii) its execution and performance under this Agreement, including its disclosure of Confidential Information to the Recipient, will not result in a breach of any obligation to any third party or infringe or otherwise violate any third party's rights.
No Export. Neither party shall export, directly or indirectly, any technical data acquired from the other pursuant to this Agreement or any product utilizing any such data to any country for which the U.S. Government or any agency thereof at the time of export requires an export license or other governmental approval without first obtaining such license or approval.
No Reverse Engineering. Each of the parties agrees that the software programs of the other party contain valuable confidential information and each party agrees it will not modify, reverse engineer, decompile, create other works from, or disassemble any software programs contained in the Confidential Information of the other party without the prior written consent of the other party.
No Grant of Rights. The parties recognize and agree that nothing contained in this Agreement shall be construed as granting any property rights, by license or otherwise, to any Confidential Information of the other party disclosed pursuant to this Agreement, or to any invention or any patent, copyright, trademark, or other intellectual property right that has issued or that may issue, based on such Confidential Information. Neither party shall make, have made, use or sell for any purpose any product or other item using, incorporating or derived from any Confidential Information of the other party.
Equitable Remedies. Recipient acknowledges that Recipient's breach of this Agreement may cause irreparable harm to Discloser for which Discloser is entitled to seek injunctive or other equitable relief as well as monetary damages.
Miscellaneous. Neither party shall transfer or assign this Agreement to any other person or entity, whether by operation of law or otherwise, without the prior written consent of the other. Any such attempted assignment shall be void and of no effect. This Agreement shall be governed by, enforced under, and construed and interpreted in accordance with, the laws of The State of Illinois without reference to conflict of laws principles. Each party agrees consent to venue and personal jurisdiction in Sangamon County, City of Springfield, and the State of Illinois. If any provision of this Agreement is found by a proper authority to be unenforceable or invalid such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such un-enforceable or invalid provision within the limits of applicable law. Neither party will assign or transfer any rights or obligations under this Agreement, including by operation of law, without the prior written consent of the other party. This Agreement is the complete and exclusive agreement regarding the disclosure of Confidential Information between the parties, and replaces any prior oral or written communications between the parties regarding Confidential Information.