AGREEMENT FOR ELECTRONIC UTILITY BILLING

Transcription

1 AGREEMENT FOR ELECTRONIC UTILITY BILLING This Agreement for Electronic Utility Billing ( Agreement ), dated as of, 20 ( Effective Date ), is entered into by and between Puget Sound Energy, Inc. ("PSE") and "Payor"). 1. Definitions. As used in this Agreement, the following capitalized terms have the meanings set forth below. Defined terms include both the singular and plural forms, as the context may require. A. Bill means a bill or statement issued by PSE for gas and/or electric utility services provided to Customer. B. Billing Information means, with respect to any EDI Bill, data supporting gas and/or electric service charges on such EDI Bill, which data are supplied in EDI 810 format (or any successor format of general application) to Payor on behalf of Customer. C. Customer means any non-residential customer receiving gas and/or electric utility service provided by PSE, which customer is specified in the list provided by Payor to PSE pursuant to Section 3 and is not ineligible for EDI billing pursuant to Section 8. D. EDI means Electronic Data Interchange. E. EDI Bill" means a Bill transmitted in EDI 810 format (or any successor format of general application) by or on behalf of PSE via electronic means. F. EDI Standards" means the electronic data interchange EDI-X standards ( EDI 810 ) developed by the American National Standards Institute (ANSI) as of April 1989 and any modification or replacement thereof approved by ANSI. G. EDI Network VAN means the value added network (if any) designated by Payor. H. FTP means an electronic file transfer protocol using standard software. I. Statement Package means, with respect to any Bill, an EDI 810 file (or file in any successor EDI format of general application) plus a portable document format (PDF) image of such Bill and informational inserts included with such Bill. 2. Specification of Customers; Agency. Payor will provide to PSE a list of all Customers and Customer accounts for whom or which Payor will receive Bills and make payments pursuant to Sections 3 and 4. Payor represents and warrants to PSE on a continuous basis that all actions taken and agreements and acknowledgments made by Payor pursuant to this Agreement with respect to any Customer are taken or made by Payor as agent for such Customer and that Payor has been duly authorized by such Customer to take such actions and to make such agreements and acknowledgments on Customer s behalf. PSE will enroll Customer accounts for EDI billing in a timely manner. For purposes of accomplishing EDI billing activities under this Agreement, PSE hereby appoints as its agent and service provider the party specified in Appendix A hereto ( Service Provider ), and Payor hereby acknowledges and accepts such appointment. PSE will have the unilateral right to revise Appendix A at any time by providing notice of such revision to Payor. Page 1 of 4

2 3. Transmittal and Receipt of Bills. Subject to the terms and conditions of this Agreement, PSE will transmit to Payor, and Payor will receive from PSE or the Service Provider, all Bills for each Customer. The electronic transmittal of each Bill will include the Statement Package for such Bill. All EDI Bills will be transmitted in accordance with the EDI Standards. Payor may elect to have EDI Bills transmitted via an EDI Network VAN or via secure FTP. Statement Packages will be sent by PSE or the Service Provider to Payor via secure FTP or in a ZIP file format attached to an . If Payor opts to receive Statement Packages via , Payor assumes all responsibility if a breach of security occurs in the transmittal of such Statement Packages. Payor will pay to PSE a set-up fee for each Customer. 4. Payment of Bills. Payor will timely pay all Bills for Customers by such electronic means and in accordance with such payment instructions as may be specified by PSE or the Service Provider for such purpose from time to time. By signing this Agreement, Payor, on behalf of each Customer, gives PSE permission to send such Customer s billing information to the Service Provider. 5. Transaction Costs. Payor, at its own expense, will provide and maintain the equipment (including servers), software, services and testing necessary to effectively and continuously receive each EDI Bill and Statement Package and to timely transmit payments electronically to PSE or the Service Provider. Bank charges by Payor s bank for transmitting payments will be paid by Payor. 6 Paper Bill Waiver. Payor, on behalf of each Customer, acknowledges that so long as such Customer receives a Bill and Billing Information electronically in an EDI 810 file along with a Statement Package, such Customer will not receive a traditional paper Bill. At Customer s option, Payor may notify PSE of a Customer s election to no longer receive EDI Bills from PSE or the Service Provider and to resume receiving traditional paper Bills; provided, that such notice may be given no more than twice per calendar year. PSE may charge Payor a set-up fee each time a Customer reverts to receipt of EDI Bills. 7. Billing Set-Up. If, with respect to any Customer, Payor requests an EDI Bill with respect to multiple service locations, or requests a summary Bill, Payor agrees, on behalf of Customer, to allow PSE to convert such multiple service locations or summary Bill into separate billing accounts for purposes of converting to EDI billing. 8. EDI Eligibility. A Customer and its accounts are ineligible for EDI billing if there is an active payment arrangement for such Customer associated to an individual statement account. Once individual statements have been paid or individual statement payment arrangements have been cancelled, such Customer and its accounts will become eligible for EDI billing. 9. Account Data. Payor will send each Customer s confidential account data to PSE and the Service Provider to set up EDI billing. Payor will inform PSE and the Service Provider of all configuration changes in Payor s network that may impact the delivery of EDI Bills and Statement Packages. If such configuration changes necessitate changes to the PSE system, the cost of such system changes made by PSE will be paid by Payor. 10. Security Procedures. Each party will properly use security procedures that are reasonably sufficient to ensure that all transmissions of data, including, but not limited to, Bills and payments, are authorized and will protect the confidentiality of the records and data from improper access. 11. Questions Regarding EDI Communications. Upon receipt of any EDI Bill or Statement Package that, in whole or in part, is garbled or unintelligible or appears manifestly erroneous, Payor will contact the person designated in Appendix A attached to this Page 2 of 4

3 Agreement, which appendix is by this reference incorporated into this Agreement. Garbling, unintelligibility or error will not excuse payment when due as specified in Section 14. Payor is responsible for providing PSE and the Service Provider accurate contact information ( , phone number(s)) of persons responsible to assist PSE and the Service Provider in resolving all technical issues that may arise in the performance of this Agreement. 12. Acts or Omissions of Third Parties. PSE will not be liable for any act or omission of any third party. 13. Term. This Agreement will be effective as of the Effective Date and will, unless earlier terminated in accordance with its terms, continue in effect [to (but excluding) the first anniversary of the Effective Date]. Thereafter, either party may terminate this Agreement by providing notice of such termination to the other party by U.S. Mail or not fewer than 30 days prior to the effective date of such termination. 14. Payment Due. Payment of each EDI Bill is due on, and will be made by Payor on or prior to, the due date for such payment specified the Statement Package and in the EDI 810 invoice related to such EDI Bill. PSE or the Service Provider will provide ACH banking information for the sole purpose of allowing payments via the EDI 820 file process and not for the purpose of making direct deposits into PSE s bank account. 15. Delay or Failure in Transmittal of EDI Bills. If the transmission of any EDI Bill is delayed or prevented on account of any act, omission or failure by Payor or the EDI Network VAN, such Bill will be due and payable just as if it had been transmitted successfully. If for any reason PSE or the Service Provider is unable to transmit any EDI Bill or Statement Package, PSE may, at its sole discretion, submit such Bill in paper form in accordance with PSE s Schedule 80 and other applicable rules and regulations. Payor is required to contact the Service Provider should it fail to timely receive an electronic transmission of either the EDI Bill or the Statement Package. 16. Amendment. This Agreement may not be amended, supplemented or modified except by a writing hereafter signed by both PSE and Payor. 17. Assignment. This Agreement will be binding upon the parties hereto and their respective successors and permitted assigns; provided that no right or interest of Payor in, to or under this Agreement may be assigned without the prior written consent of PSE. Any such attempted assignment without such consent will be void and of no effect. 18. Notices. Any written notice or other written communication required or permitted to be given under this Agreement will be delivered or sent by United States mail, to the address of the recipient stated below or by to an address provided by the recipient to the sender for such purpose. Any such notice will be deemed effective upon receipt. 19. Governing Law; Venue. This Agreement will be governed by, and construed and interpreted in accordance with, the laws of the State of Washington without reference to such state choice of law principles to the contrary. Each of the parties irrevocably submit to the jurisdiction of the state and federal courts located in King County, Washington, and neither party will raise any defense, such as forum non conveniens, to the contrary. 20. Severability. Any provision of this Agreement that is found to be invalid or unenforceable will be ineffective to the extent of such finding without invalidating the remaining provisions of this Agreement or affecting the validity or enforceability of such remaining provisions. Page 3 of 4

4 21. Early Termination or Suspension of Agreement. If either party materially breaches any of its obligations under this Agreement, the other party will have the right to terminate this Agreement by providing written notice of such termination to the breaching party. In addition, if circumstances arise that prevent PSE or the Service Provider from providing EDI billing for any Customer represented by Payor in a reasonable, timely or economic manner, PSE may suspend EDI billing with respect to such Customer. PSE will use reasonable efforts to address such circumstances so as to resume EDI billing for such Customer. 22. Entire Agreement; No Effect on Other Agreements or Tariffs. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all previous or contemporaneous negotiations, representations, understandings and agreements between the parties with respect to such subject matter. Except to the extent expressly provided in this Agreement, nothing in this Agreement modifies, suspends, alters or otherwise affects any of the provisions in any other agreement between PSE and any Customer or in any of the tariffs, rules or regulations that apply to PSE and/or any Customer or to any service provided by PSE to Customer, including, without limitation, Schedule 80 of PSE s Electric Tariff G, as amended and on file with the Utilities and Transportation Commission of the State of Washington, the provisions of which as in effect from time to time being expressly incorporated by this reference. To Company: For Notices: Name: PUGET SOUND ENERGY, INC. Address: P. O. Box Bellevue, WA Phone: edi@pse.com Attn: EDI To Payor: For Notices: Name: Address: Phone: Fax: Attn: PUGET SOUND ENERGY, INC. Company Payor By: By: Name: Name: Title: Title: Page 4 of 4

5 APPENDIX A PSE s agent and EDI service provider is Xebec Data Corporation. Questions regarding EDI transmission should be directed to: Kristin Zagray, or edi@pse.com. Appendix A EDI Third Party Contract

6 APPENDIX B CUSTOMER STATEMENT ACCOUNT NUMBERS [To be provided by Payor] Customer Name Statement Account Number Appendix B EDI Third Party Contract

7 APPENDIX C FORM OF CUSTOMER CONSENT FOR PAPERLESS BILLING Customer (identified by name and other information below) consents to the provision by Puget Sound Energy of bills in electronic form. The following information must be provided by Customer, and Customer must personally check each box or fill in each space to give his/her/its consent to paperless billing. Customer Name Customer Service Address Customer Account Number Customer Address Appendix C EDI Third Party Contract

8 Customer Name Customer Service Address Customer Account Number Customer Address Customer has decided to receive electronic information (please check one): Customer Understandings: Customer understands that PSE will provide, upon request, a paper copy of any document sent electronically at no additional charge and that Customer may opt out of receiving information electronically at any time and revert to paper format through the mail at no additional charge (please check one): Customer understands that it is Customer s responsibility to notify PSE of any change to Customer s or other electronic address (please check one): Customer understands that in addition to paperless bills, Customer may receive all notices regarding billing service, including notices of the PSE's request to increase rates and changes in service, in electronic form (please check one): Appendix C EDI Third Party Contract

9 Customer understands that (a) PSE is not obligated to provide both paper documents and electronic information to Customer on a continuous basis; (b) PSE may limit Customer to three requests for paper documents in a twelve-month period; (c) PSE may require that Customer receive all bill inserts electronically; (d) if Customer is unable to properly receive, view or understand electronic information provided by PSE, PSE may refuse to provide that information in electronic form (please check one): SIGNATURE OF CUSTOMER: (If signer is an individual, please sign your name and provide trade name, if any. If signer is signing on behalf of an entity, please include the name of the entity and the signer's title with the entity.) Signer is signing as an individual: Signer is signing on behalf of an entity: By: Name/Trade Name of Individual Date: Name: Title: Date: Appendix C EDI Third Party Contract