A. The Department provides its Utility Services to qualifying Owners of a Premises that hold valid contract(s) in good standing with the Department. No Owner or occupant of a Premises is entitled to receive Utility Services on demand at the Premises. For purposes of these Rules and Regulations, a Contract for Service may also be referred to as an agreement or an accepted Application for Service. The Contract for Service establishes a binding contractual agreement for Utility Services with the City of Toledo upon acceptance by DPU of all application requirements, including the Application for Service, as solely determined by DPU. The Department may intermittently in these Rules and Regulations and in practice refer interchangeably to the valid recipient of such Utility Services as a Consumer, Customer, contract holder, Account Holder, Owner or Business Partner. Tenants, lessees or similar non-contracting parties with the Department are neither Customers nor third-party beneficiaries of a Customer.
B. Acceptance and/or receipt of Utility Services shall constitute a knowing and voluntary agreement by the recipient to be bound by all applicable laws, rules and regulations, as may currently exist or as may be changed from time to time, contained herein, in the ORC, TMC or elsewhere. Unless clearly mandated by law, the City and/or Department shall not provide Utility Services for free or at a discount.
C. No oral modification to the agreement is permitted nor shall any such modification be binding on the City. No written modification to the agreement shall be permitted unless it is on a form proscribed by counsel for the City and signed by the Director.
D. In exchange for obtaining Utility Services from the City, a Customer agrees and acknowledges that the receipt of Utility Services at the Premises is for the Owner's occupation or the Owner's authorized representative's occupation and that for the purposes of ORC § 743.04 is the Owner who occupies the Premises served.