Effective Date:

This Agreement (“Agreement”) shall be deemed effective from the date of the initial payment made to DelcoWare Inc. for our utility bill handling services (“Services”). By availing yourself of our Services, you manifestly affirm your acceptance of and commitment to adhere to the terms herein, which are legally binding. It is incumbent upon you to diligently scrutinize and comprehend these terms.

1. Preamble

Greetings from DelcoWare Inc. This Agreement encompasses both our Terms and Conditions and Privacy Policy, the governing instruments regulating your engagement with our utility bill handling Services and your utilization of our website. Your engagement with our Services serves as a clear demonstration of your unequivocal acceptance of and consent to be bound by these legally operative provisions. A conscientious examination of these terms is strongly encouraged.

2. Services

DelcoWare Inc. specializes in providing utility bill handling Services, encompassing, but not limited to:

2.1 Meter Variability: We acknowledge the potential variability inherent in utility billing scenarios, which may involve the presence of secondary meters or the utilization of billing estimates as specified in contractual agreements. Our commitment entails calculating utility overages in strict conformity with the terms delineated in such contractual arrangements, and we anticipate the due payment for any overages surpassing the stipulated thresholds.

2.2 Service Location: Our Services are exclusively offered within the confines of the province of Ontario, Canada.

3. Billing

3.1 Bill Estimates: DelcoWare Inc. provides provisional utility bill estimates, predicated upon the data furnished by landlords and the contractual stipulations governing utility services. It is imperative to note that these estimates remain subject to potential reconciliation.

3.2 Reconciliation Fees: In circumstances necessitating the reconciliation of utility bills, DelcoWare Inc. explicitly reserves the prerogative to levy fees, with initiation commencing at a rate of $20 per page, for the facilitation of the reconciliation process.

3.3 Payment Processing: All payments for our Services are processed through Stripe Inc. Users are advised to refer to Stripe’s website at https://stripe.com/en-ca/legal for detailed information regarding payment processing, including terms, conditions, and security measures.

4. Privacy

4.1 Collection of Information: DelcoWare Inc. diligently and securely collects tenant payment information from the inception of the initial transaction. This data is exclusively harnessed for the precise purpose of invoicing tenants for utility services.

4.2 Data Security: Our unwavering commitment to data security is underscored by the meticulous implementation of stringent security measures designed to safeguard your information. For a comprehensive exposition of our data handling and security practices, we earnestly encourage you to peruse our Privacy Policy.

5. User Responsibilities

5.1 Accuracy of Information: It is incumbent upon users to bear the responsibility of furnishing accurate and contemporaneous information to DelcoWare Inc., particularly in the context of billing and reconciliation.

5.2 Payment: Users are solemnly obligated under the contract to discharge payments in a timely fashion, consonant with the utility services as duly invoiced by DelcoWare Inc.

6. Termination of Services

6.1 Termination by User: Users retain the prerogative to effect the cessation of their utilization of DelcoWare Inc.’s Services, subject to the provision of written notice to DelcoWare Inc. Nonetheless, users should be apprised that the act of termination shall not absolve them of their financial obligations pertaining to utility services furnished antecedent to the termination.

6.2 Termination by DelcoWare Inc.: DelcoWare Inc. duly reserves the right to suspend or terminate Services rendered to any user without prior notification, in the event of non-adherence to the stipulations of this Agreement, suspected fraudulent activities, or any infringement of extant laws or regulations.

7. Intellectual Property Rights

7.1 Ownership: It is imperative to unequivocally establish that the entirety of intellectual property rights, encompassing but not confined to trademarks, copyrights, and proprietary software, pertaining to DelcoWare Inc.’s Services and website, are the exclusive property of DelcoWare Inc. Users are expressly proscribed from engaging in the replication, reproduction, or dissemination of proprietary content without the explicit written authorization of DelcoWare Inc.

8. Dispute Resolution

8.1 Governing Law: This Agreement is subject to and construed in accordance with the laws prevailing within the province of Ontario, Canada.

8.2 Arbitration: In the event of a dispute arising from or linked to this Agreement, inclusive of disputes germane to billing, reconciliation, or data privacy, the resolution thereof shall be consigned to the realm of arbitration, subject to the regulations prescribed by the ARDIC. It is expressly underscored that the verdicts and determinations rendered by the arbitrator(s) shall be conclusively binding.

9. Limitation of Liability

9.1 Disclaimer: DelcoWare Inc. disclaims all culpability for any direct, indirect, incidental, consequential, or punitive damages, including but not restricted to pecuniary losses, arising from the utilization of our Services.

10. Indemnification

10.1 User Indemnification: Users ardently covenant to indemnify and hold DelcoWare Inc. immune from any and all claims, losses, liabilities, and disbursements, including but not confined to legal costs, stemming from their contravention of this Agreement or their utilization of our Services.

11. Entire Agreement

11.1 Entirety: It is imperative to elucidate that this Agreement, supplemented by any adjunctive agreements explicitly referenced herein, constitutes the comprehensive entirety of the accord consummated between the user and DelcoWare Inc. vis-à-vis the Services. This Agreement supersedes any prior accords or understandings and may solely undergo modification by means of written instrument.

12. Severability

12.1 Severability: In the event that any provision encapsulated herein is adjudged to be unenforceable or invalid by a court of competent jurisdiction, the residual provisions shall endure in full force and effect.

13. Waiver

13.1 No Waiver: Any abstention on the part of DelcoWare Inc. from the enforcement of any provision encompassed within this Agreement shall not be construed as a relinquishment of said provision or any other provision herein.

14. Headings

14.1 Headings: The headings employed within this Agreement are for purposes of expediency exclusively and shall not wield any influence over the interpretation of the provisions.

15. False Statements to Credit Card Companies

15.1 False Statements: Users are hereby unequivocally apprised that the willful submission of false statements to their respective credit card companies, thereby characterizing charges levied by DelcoWare Inc. as fraudulent, shall entail grave consequences, including but not limited to:

• • • Formal notification of local law enforcement authorities for the explicit purpose of initiating criminal proceedings pertaining to intentional fraud.
    • Imposition of a financial penalty amounting to the sum total of the due amount augmented by $500.00 CAD.

16. Dispute Resolution Procedure

16.1 Initial Contact: Any dispute must be disputed within 7 days of invoice issued or billed. In the event of a dispute or concern, it is incumbent upon users to first initiate contact with DelcoWare Inc. via electronic mail addressed to support@delcoware.com, as a preliminary step toward the amicable resolution of the matter.

17. Reconciliation Error Resolution – Must be disputed within 7 days of invoice issued or billed

17.1 Error Identification: In the event that DelcoWare Inc. identifies an error during the reconciliation process, which may include overcharges, undercharges, or any other discrepancies in billing, DelcoWare Inc. will take prompt action to rectify the error.

17.2 Resolution Timeframe: DelcoWare Inc. is committed to resolving reconciliation errors within a reasonable timeframe. Generally, DelcoWare Inc. will endeavor to resolve such errors within 15 business days from the date of identification. The resolution may involve one of the following:

1. 1. 1. a) Refund: If the error results in an overcharge to the user, DelcoWare Inc. will initiate a refund to the user’s original payment method within the stipulated timeframe.
      2. b) Missed Charge: If the error results in an undercharge or missed charge, DelcoWare Inc. will charge the appropriate amount to the user’s card on file or issue an invoice to the user within the stipulated timeframe.

17.3 User Cooperation: Users are expected to cooperate with DelcoWare Inc. during the error resolution process, providing any necessary information or documentation as requested to facilitate a timely resolution.

17.4 Communication: DelcoWare Inc. will communicate with users regarding the nature of the error, the steps being taken to rectify it, and any actions required from the user to expedite the resolution.

17.5 Review and Appeal: Users have the right to review and appeal the resolution of reconciliation errors. Any such requests for review must be submitted to support@delcoware.com within 5 business days of receiving notice of the resolution.

17.6 Finality: The resolution of reconciliation errors, as communicated by DelcoWare Inc., shall be considered final and binding, unless a review or appeal process results in a different determination.