Terms and conditions

  1. Upon receipt of the completed AES Indiana Summarized Data Request Form (and other associated documentation,) the requesting party will be required to pay a fee for this service charged at the rate of $10 per meter, with a minimum charge of $100, and a maximum charge of $5,000, plus a payment processing fee which is $.30 per transaction plus 2.9% of the data request fee. No refunds will be given for services rendered. The requested data can generally be provided within 4-6 weeks of receipt of the completed request form and payment in full.

  2. No warranty: AES Indiana makes no representations or warranties, and assumes no liability with respect to quality, accuracy, or other aspect of any requested or provided information or services performed by AES Indiana or any other third party in connection with this energy data request and expressly disclaims any such representation, warranty or liability, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. Nothing in this energy data request shall be construed to create any duty to, any standard of care with reference to, or any liability to any third party. AES Indiana shall not be responsible for costs or corrections relating to the requested information.

  3. Indemnification; limit on liability: To the extent allowed by law, the requesting party agrees to indemnify, hold harmless, and release AES Indiana against all loss, damages, costs and liability arising from any claims related to any provided information, request for information or services performed related to this energy data request. Neither AES Indiana, nor the requesting party shall be liable to each other for any incidental, special, indirect or consequential damages related to this energy data request. If requesting party is not the property owner, then in addition to any other releases or indemnification obligations, the requesting party releases and holds AES Indiana harmless from any claims related or arising from or through the property owner related to this energy data request. AES Indiana’s aggregate liability for any claim under this energy data request will not exceed the greater of $100.00 or the amount paid by the requesting party under this energy data request during the twelve (12) month period immediately before the claim which gave rise to the liability.

  4. Miscellaneous: These energy data request terms and conditions shall be governed by and construed under the laws of the State of Indiana, without regard to conflict of law rules. The parties agree that all actions, disputes, claims and controversies arising out of or relating to this energy data request or the work performed hereunder will be subject to binding arbitration administered in Marion County, Indiana by the American Arbitration Association under its commercial arbitration rules, and judgment on the award may be entered in any court having jurisdiction. If any provision of these terms and conditions is invalid or unenforceable in any jurisdiction, the other provisions of these terms and conditions shall remain in full force and effect in such jurisdiction and shall be liberally construed in order to effectuate the purpose and intent herein. The invalidity or unenforceability of any provision of these terms and conditions in any jurisdiction shall not affect the validity or enforceability of any such provision in any other jurisdiction. The failure of either party to enforce strict performance by the other of any provision of these terms and conditions, or to exercise any right available to the party under these terms and conditions, shall not be construed as a waiver of such party’s right to enforce strict performance in the same or any other instance.