- Open to residential rate classes only.
- Customer must have central air conditioner or heat pump.
- Customer must have control of thermostat. If Customer is a renter, Customer must certify Customer has received approval from the landlord.
- The installation check will be mailed within 60 days after the digital cycling unit (DCU) is installed. The company is installing the devices as quickly as possible, but can not guarantee installation will occur within a set number of days.
- The thank-you check will be mailed in December, following the close of the program season.
*Check amounts subject to change in future years
Change Participation Level:
- Customer may change participation level twice in the first year, and once each subsequent year.
- If Customer elects to be removed from the program, the device will be deactivated.
- Conservation periods will occur during June 1 through September 30 on non-holiday weekdays (Monday-Friday), 12:00 p.m. to 7:00 p.m. Central Standard time.
- Conservation periods will last no more than 4 hours in any single day and occur for no more than 3 consecutive days.
- In any one program season, there will be a maximum of 60 hours of conservation periods.
- Customer may override up to 2 conservation periods a year before being removed from the program.
Work performed by participating contractors is not guaranteed or subject to any representation or warranty, either expressed or implied or otherwise, by either Entergy Arkansas, Inc. or COMVERGE. Neither Entergy Arkansas, Inc. nor COMVERGE makes any guarantee or any other representation or warranty, expressed or implied or otherwise, as to the quality, cost or effectiveness of any product(s) provided or work(s)
performed by any participating contractor or by any such participating contractor’s employees, subcontractors or suppliers.
Energy efficiency gains are subject to a number of variable conditions and circumstances. While it is the intent of the program to achieve energy efficiencies, neither Entergy Arkansas, Inc. nor COMVERGE guarantees or warrants that any specific energy efficiency gains will be achieved for a particular customer under the program.
1. BY SUBMITTING YOUR ENROLLMENT, AND/OR BY YOUR PARTICIPATION IN THE SUMMER ADVANTAGE PROGRAM (“THE PROGRAM"), YOU (“CUSTOMER”) AGREE TO THE TERMS OF THIS PARTICIPATION AGREEMENT WITH THE EXCLUSIVE ENTERGY ARKANSAS CONTRACTOR (COMVERGE, INC.) OF THE PROGRAM. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE CONTACT COMVERGE AT 866-224-7812 TO REQUEST THAT YOUR NAME BE REMOVED FROM THE PROGRAM BEFORE ANY EQUIPMENT IS INSTALLED. IF YOU DO NOT AGREE TO THESE TERMS AFTER THE EQUIPMENT HAS BEEN INSTALLED, PLEASE CONTACT ENTERGY ARKANSAS TO HAVE YOUR EQUIPMENT REMOVED.
2. Contractor will install a digital cycling unit (DCU) outside Customer’s home adjacent to Customer’s central air conditioner unit (referred to herein as “the Equipment”). While it is not necessary for Customer to be home during installation of the outside device, Customer may request an appointment so that Customer may be home for its installation. If Customer is at home, Customer may advise the installer as to where the device is to be placed. Installer will accommodate Customer’s request so long as the desired location will provide required functionality. Customer agrees to provide Entergy Arkansas or its Contractor with access, at reasonable times, to Customer’s premises to install, inspect, maintain, and/or repair the Equipment.
3. Customer understands that the Equipment will permit Entergy Arkansas to cycle off the compressor on Customer’s central air conditioner unit or heat pump during times of high overall electricity demand, in accordance with the "Cycling Option" selected by Customer, as detailed below:
*Check amounts subject to change in future years
4. The incentives Customer will receive in consideration for participation are as detailed above. Entergy Arkansas may, from time to time, modify the incentive structure. The Equipment shall remain the property of Entergy Arkansas. None of the Equipment shall become a fixture. Customer agrees to notify Entergy Arkansas if Customer disconnects or removes the Equipment. This Agreement and the Equipment supplied by Entergy Arkansas are not assignable or otherwise transferable by Customer.
5. Customer shall have the right at any time to terminate the service by notifying Entergy Arkansas in writing or by telephone. If Customer decides to terminate, Customer will receive a prorated check amount for the program months in which Customer was active.
6. Entergy Arkansas will not be liable to Customer or to any third party for any losses or damages, including loss of profits, loss of earnings, loss of business opportunities, and personal injuries (including death), including, without limitation, any damage resulting from or arising out of Customer’s participation in the Program.
7. Customer understands that Entergy Arkansas assumes no responsibility for and shall have no responsibility for the condition or repair of Customer’s central air conditioner or other equipment. Customer understands that Customer is responsible for the repair and maintenance of Customer’s equipment.
8. THE PROGRAM AND EQUIPMENT ARE PROVIDED "AS IS." CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT ENTERGY ARKANSAS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE EQUIPMENT OR PROGRAM, WHICH ARE BOTH PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ALL WARRANTIES ARE DISCLAIMED BY ENTERGY ARKANSAS TO THE FULLEST EXTENT PERMITTED BY THE LAW.
9. Customer agrees to hold harmless, defend, and indemnify Entergy Arkansas, and its subsidiaries, affiliates, officers, agents, and employees, from and against any thirdparty claim arising from or in any way related to your improper use of the Equipment or the Program, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature. In such a case, Entergy Arkansas will provide Customer with written notice of such claim, suit, or action.
10.This Agreement constitutes the entire agreement between Customer and Entergy Arkansas. No undertaking, representation, or warranty made by any agent or representative of Entergy Arkansas in connection with the sale, installation, maintenance, or removal of Entergy Arkansas' services or the Equipment shall be binding on Entergy Arkansas except as expressly included herein.
11. Customer understands that Entergy Arkansas reserves the right to modify the terms of the Summer Advantage Program. Customer will receive notice of such Program modification. Customer’s continued participation in the Program following notice of such change shall be considered acceptance of such modification.
12. Entergy may assign or delegate any of its rights or obligations under this Agreement to independent contractors or other third-party organizations. Customer’s rights may not be assigned or transferred without Entergy Arkansas’ written consent.
13. The above provisions regarding events beyond Entergy Arkansas' control, warranties, disclaimers of warranty and liability, and termination will survive the termination of this Agreement. Failure to insist on strict performance of the terms will not operate as a waiver of any subsequent default or failure of performance. If any part of the above is determined to be invalid or unenforceable by a court of competent jurisdiction, then the invalid or unenforceable provision will be deemed ineffective and the remainder of the Agreement shall continue in effect. No joint venture, partnership, employment, or agency relationship exists between Customer and Entergy Arkansas as a result of this Agreement.