Pre-Authorized Debit (PAD) Agreement below.
(Authorization to direct debit an account or credit card)
You authorize Direct Energy Marketing Limited, doing business as Direct Energy Home Services (“Direct Energy”), and the financial institution designated (or any other financial institution you may authorize at any time) to begin deductions as per your instructions for monthly regular recurring payments and/or one-time payments from time to time, for payment of all charges arising under your Residential Maintenance Plan (“Plan”) or Direct Energy Protection Plan (“DEPP”).
This authority is to remain in effect until Direct Energy has received written notification from you of its change or termination. This notification must be received at least ten (10) business days before the next debit is scheduled at the address provided below. You may obtain a sample cancellation form or more information on your right to cancel a PAD Agreement at your financial institution or by visiting www.payments.ca.
Direct Energy may not assign this authorization, whether directly or indirectly, by operation of law, change of control or otherwise, without providing at least thirty (30) days prior written notice to you.
You have certain recourse rights if any debit does not comply with this agreement. For example, you have the right to receive reimbursement for any PAD that is not authorized or is not consistent with this PAD Agreement. To obtain a form for a Reimbursement Claim or for more information on your recourse rights, you may contact your financial institution or visit www.payments.ca.
You acknowledge that this authorization is provided for the benefit of Direct Energy and your bank, and is provided in consideration of your bank agreeing to process debits and credits against your account in accordance with the rules of Payments Canada (“PC”).
You warrant and guarantee that all persons whose signatures are required to sign on this account have signed this PAD Agreement.
You acknowledge that provision and delivery of the authorization to Direct Energy constitutes delivery by you to your bank. Any delivery of this authorization to Direct Energy constitutes delivery by you.
You undertake to inform Direct Energy, in writing, of any change in the account information provided in this authorization at least ten (10) business days prior to the next due date of the PAD.
You acknowledge that your bank is not required to verify that a PAD has been issued in accordance with the particulars of your authorization including, but not limited to the amount.
You acknowledge that your bank is not required to verify that any purpose of payment for which the PAD was issued has been fulfilled by Direct Energy as a condition to honouring a preauthorized debit issued, or caused to be issued, by Direct Energy on your account.
You acknowledge and agree that revocation of this authorization does not terminate any contract for goods or services that exists between you and Direct Energy. Your revocation of authorization applies only to the method of payment, and does not otherwise have any bearing on the contract for goods or services exchanged.
A preauthorized debit may be disputed by you under the following conditions:
You acknowledge that in order to be reimbursed, a declaration to the effect that either (1), (2), or (3) above took place must be completed and presented to the branch of the financial institution holding your account up to and including ninety (90) calendar days in the case of a personal/household preauthorized debits (or up to, and including ten (10) business days in the case of a business preauthorized debits), after the date on which the preauthorized debit dispute was posted to your account.
You acknowledge and agree that a claim on the basis that your authorization was revoked, or any other reason, is a matter to be resolved solely between Direct Energy and you, when such claim disputing any preauthorized debits is after ninety (90) calendar days in the case of a personal/household preauthorized debit, (or after ten (10) business days in the case of a business preauthorized debit).
You acknowledge that upon finalizing your bill with Direct Energy, the amount will be withdrawn or refunded to/from your account.
You acknowledge and agree that unless your Direct Energy account is in a business name, and/or classified other than as a residential customer, preauthorized debits shall be designated as personal/ household and handled in that manner.