Town Square Energy East, LLC - Ohio Terms and Conditions - V.09012017
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1. AGREEMENT TO SELL AND PURCHASE ENERGY. Town Square Energy East, LLC (“TSEE”) will provide competitive retail electric service to you and agrees to sell, and you (also referred to herein as “Customer”), agree to purchase and accept, the quantity of electricity necessary to meet your requirements, as estimated by TSEE based upon consumption data obtained by TSEE or the delivery schedule of the electric distribution utility (“EDU”), subject to the terms and conditions contained herein (this “Agreement”). TSEE is not affiliated with, and does not represent, the EDU.
2. INFORMATION RELEASE AUTHORIZATION. Customer hereby authorizes the EDU to release to TSEE, and authorizes TSEE to obtain from the EDU and review, detailed information regarding Customer’s account including, but not limited to: account number; meter number; consumption history; billing determinants; payment history; credit information; public assistance status; and participation in utility low income discount programs. This information may be used by TSEE to determine whether it will commence and/or continue to provide energy supply service to Customer. Customer’s execution of this Agreement shall constitute authorization for the release of this information to TSEE. This authorization will remain in effect during the Initial Term of this Agreement and any renewal thereof. Customer may rescind this authorization at any time by providing written notice thereof to TSEE or calling TSEE at 1-877-430-0093. TSEE reserves the right to cancel this Agreement in the event Customer rescinds the authorization.
TSEE is prohibited from disclosing Customer’s social security number and/or account number(s) without Customer’s consent except for the following purposes: (i) TSEE’s own credit evaluation; (ii) TSEE’s own collection and/or credit reporting; (iii) participation in programs funded by the universal service fund; or (iv) the assignment of a Customer contract to another competitive retail electric service provider.
3. PRICE. For each monthly billing cycle, the price for the electricity supplied pursuant to this Agreement will be calculated by multiplying (i) the agreed-upon variable or fixed rate for the electricity, by (ii) the amount of electricity consumed, as determined by the EDU’s actual or estimated meter reads. If you have chosen a Variable Rate electric product, the rate for the electricity supplied pursuant to this Agreement will fluctuate at TSEE’s discretion. When setting rates, TSEE will consider numerous factors including, but not limited to, current conditions on the PJM wholesale electricity market, the cost of obtaining electricity from all sources, capacity costs, settlement costs, costs of ancillary services, hedging costs, balancing costs, line loss costs, costs to comply with any applicable Renewable Portfolio Standards, TSEE’s expenses and margins, and all applicable taxes, fees, or assessments. The rate may be higher or lower than the EDU’s rate in any particular month. There is no cap on the rate.
If you have chosen a Fixed Rate electric product, the rate for the electricity supplied pursuant to this Agreement for the Initial Term will be fixed at 5.79 cents per kWh (“Initial Fixed Rate”), plus all applicable taxes. Your rate for electricity, whether a variable rate or fixed rate, does not include the EDU’s charges and fees.
Rebate Program: From time-to-time TSEE may offer a rebate program for new customers who enroll with TSEE and maintain active accounts with TSEE for a specified period of time. To be eligible to earn a rebate under any such rebate program, Customer will have 60 days to complete a validation process in accordance with the instructions that will be provided to Customer. Customer will also have to be an active customer of TSEE, in good standing, at the time the rebate is to be issued in order to qualify for the rebate. Rebate amounts appearing in TSEE’s advertising materials or presented orally to potential customers are merely examples of rebate amounts that customers might be eligible to receive. The actual amount of any rebate will be computed by reference to Customer’s actual usage over the term of this Agreement, which may vary substantially from any estimate provided. Any rebate earned by Customer will be sent to Customer at the address provided by Customer during the validation process. Rebates can be issued in a variety of forms including, but not limited to, checks, stored-value cards, or electronic gift cards. Stored-value cards and electronic gift cards will be issued by an issuing bank, pursuant to a direct relationship between Customer and the issuing bank, and will be subject to the terms and conditions of a Cardholder Agreement. Stored-value cards and electronic gift cards will expire 6 months after issuance.
Green Supply Option: If you have chosen a Variable Rate electric product and the Green Supply Option, your rate for the electricity supplied will be TSEE’s variable rate plus an “adder” of up to 3 cents per kWh. If you wish to cancel the Green Supply Option please call TSEE at 1-877-430-0093. If you have chosen a Fixed Rate product with the Green Supply Option, the Option will no longer apply if the account renews on a variable rate pursuant to Section “6” below.
4. BILLING AND PAYMENT. You will normally receive one bill each month issued by your EDU, or by TSEE if directed by you or the EDU. Unless otherwise provided herein, payment terms are governed by the terms of the EDU’s tariff if the EDU issues the bill. The EDU may offer a budget-billing option which may include TSEE’s portion of the bill. Failure to pay for electric utility charges may result in Customer’ service being disconnected in accordance with the EDU’s tariff. If TSEE issues the bill, payment of the full amount billed is due twenty-five (25) days after the date the bill is mailed. Late payments or partial payment balances will be subject to collection fees and/or reasonable attorneys’ fees and court costs, as allowed by law. All accounts, which are overdue, may be referred to a collection agency consistent with Ohio law. Your bill will be based on scheduled meter readings and/or estimates provided by the EDU. The parties agree to accept, for purposes of accounting for electricity delivered under this Agreement, the quantity, quality, and measurement determined by the EDU. A twenty-dollar ($20) fee will be charged for returned checks.
5. TITLE AND TAXES. Under this Agreement, title to the electricity shall pass from TSEE to you prior to delivery to the EDU. Our price does not include any sales taxes that may apply, and these taxes generally will appear as a separate item on your bill. You shall reimburse TSEE for sales or other taxes, however designated, imposed with respect to the sale or transportation of electricity unless, prior to execution of this Agreement, you have given us a valid tax exemption certificate(s).
6. TERM; RENEWALS; TERMINATION; EARLY TERMINATION FEES. For the Variable Rate product, this Agreement shall commence as of the date Customer’s enrollment with TSEE is deemed effective by the EDU, which shall be in approximately 15-45 days depending on your next meter reading and shall continue on a month-to-month basis with a variable rate until either Customer or TSEE cancels or terminates this Agreement by providing 30 days’ notice of termination to the other party. In the event such notice is given, the EDU will complete the termination on the next available date in accordance with its rules. There is no early termination fee for termination of a Variable Rate Agreement.
For the Fixed Rate product, this Agreement shall commence as of the date Customer’s enrollment with TSEE is deemed effective by the EDU, which shall be in approximately 15-45 days, depending on your next meter reading, and shall continue for 6 billing cycles thereafter (“Initial Term”). Upon expiration of the Initial Term, this Agreement shall automatically renew for successive renewal terms (each, a “Renewal Term”) without the need for Customer’s affirmative consent. If TSEE does not wish to offer Customer another fixed rate plan following the Initial Term (or any subsequent Renewal Term), then this Agreement will automatically renew, without notice, on a month-to-month basis with a variable rate that will fluctuate as described in Section “3” above. If TSEE does wish to offer Customer another fixed rate plan, then TSEE will notify Customer in writing, at least 45, but not more than 90, days prior to the expiration of the Initial Term (or any subsequent Renewal Term), of the length of the next Term, the fixed rate that will apply during the next Term, and any other changes that will be made to the terms and conditions of the Agreement for the next Term. These changes will apply during the next Term unless Customer affirmatively terminates the Agreement prior to expiration of the then current Term. If Customer terminates this Agreement during the Initial Term, or if TSEE terminates this Agreement due to Customer’s breach, Customer shall pay TSEE, in addition to any other applicable charges, an early termination fee equal to: IF MERGEFIELD ETF_Type = "No Cancel Fee" "There is no early termination fee for termination of this Agreement." IF MERGEFIELD ETF_Type = "Months Remaining" "If you terminate this Agreement during a fixed-rate Term thereof, or if Town Square terminates this Agreement due to your breach, you will pay the following early termination fee, as liquidated damages and not as a penalty, for each terminated account: $ MERGEFIELD Etf_Amount for each bill cycle, or portion thereof, remaining in the fixed-rate Term." IF MERGEFIELD ETF_Type = "Flat Fee" "If you terminate this Agreement during a fixed-rate Term thereof, or if Town Square terminates this Agreement due to your breach, you will pay an early termination fee of: $ MERGEFIELD Etf_Amount , for each terminated account, as liquidated damages and not as a penalty. IF MERGEFIELD ETF_Type = "Kilowatts Remaining" "If you terminate this Agreement during a fixed-rate Term thereof, or if Town Square terminates this Agreement due to your breach, you will pay the following early termination fee, as liquidated damages and not as a penalty, for each terminated account: $ MERGEFIELD Etf_Amount per kWh of your anticipated electricity usage for the remainder of the fixed-rate Term." IF MERGEFIELD Enrollment_Fee_Type = "Monthly" "A Service Charge of $ MERGEFIELD Enrollment_Fee_Amount will be added to your account(s) for each bill cycle of your energy supply service pursuant to this Agreement.
The parties acknowledge and agree that the actual damages that TSEE will suffer as a result of Customer’s early termination or breach are difficult to assess, the early termination fee described herein is a reasonable estimate of such damages, and such early termination fee constitutes liquidated damages rather than a penalty.
TSEE may terminate this Agreement with at least fourteen (14) calendar days’ written notice should Customer fail to pay a bill or fail to meet any agreed-upon payment arrangements. This Agreement will automatically terminate, with respect to the effected accounts(s), if (i) the requested service location is not serviced by the EDU, or (ii) TSEE returns Customer’s account(s) to the EDU’s applicable tariff service (provided that TSEE is permitted to return the account(s) under the terms of this Agreement).If Customer chooses to switch back to the EDU, Customer may or may not be served under the same rates, terms and conditions that apply to other customers served by the EDU.
7. ASSIGNMENT. TSEE may assign or transfer its rights or obligations under this Agreement after first informing you in writing of such transfer or assignment. You may not assign or transfer your rights or obligations under this Agreement.
8. CHOICE OF LAW. This Agreement shall be construed in accordance with and be governed by the laws of the State of Ohio without regard to the conflicts of law provisions thereof.
9. NO WARRANTIES. Customer acknowledges and agrees that no warranty, duty or remedy, whether expressed, implied or statutory, is given or intended to arise out of this Agreement except as otherwise expressly stated herein, and TSEE specifically disclaims all other warranties, expressed or implied including any warranty of merchantability or fitness for a particular purpose or use.
10. SEVERABILITY. Should any part of this Agreement be declared invalid for any reason, such decision shall not in any manner affect the validity of the remaining portions of this Agreement, which shall remain in full force and effect as if the part determined to be invalid had not been contained herein at the time of the execution of this Agreement.
11. FORCE MAJEURE. TSEE will make commercially reasonable efforts to provide electricity hereunder but does not guarantee a continuous supply of electricity to Customer. Certain causes and events out of the control of TSEE ("Force Majeure Events") may result in interruptions in service. TSEE will not be liable for any interruptions caused by a Force Majeure Event, and TSEE is not and shall not be liable for damages caused by Force Majeure Events. Force Majeure Events shall include acts of God, fire, flood, storm, terrorism, war, civil disturbance, acts of any governmental authority, accidents, strikes, labor disputes or problems, required maintenance work, inability to access the local distribution utility system, non-performance by the EDU (including, but not limited to, a facility outage on its electric facilities), or any other cause beyond TSEE’s control.
12. LIMITATION OF LIABILITY. In no event shall TSEE or Customer be liable to the other or to any third party for any indirect, incidental, consequential, punitive, reliance or special damages, including without limitation, damages for lost profits, advantage, savings or revenues of any kind or increased cost of operations, whether or not TSEE or Customer has been advised of the possibility of such damages. TSEE’s liability and Customer’s exclusive remedies against TSEE, for any damages caused by any service outage, defect or failure shall be the termination provisions set forth above in section 6. TSEE’s liability for other claims arising in connection with any service or this Agreement, if not otherwise limited by another provision of this Agreement, shall be limited to proven direct damages not to exceed per claim (or in the aggregate during any 12-month period), the total net payments made by Customer for the applicable service during the 12 month’s preceding the month in which the damage occurred.
13. INDEMNIFICATION. Customer is responsible for and will indemnify TSEE against any and all liabilities resulting from Customer’s failure to fully comply with this Agreement, and damage or injury caused by the electricity after its delivery to the Customer’s residence or place of business, as applicable.
14. DISPUTE Resolution. Customer may contact TSEE directly to resolve a billing dispute or service problem. Customer and TSEE shall try in good faith to resolve any such dispute or problem. All disputes regarding transmission, distribution, power outages, and bills from the EDU should be directed to the EDU. If your complaint is not resolved after you have contacted TSEE and/or your EDU, or for general utility information, residential and business customers may contact the Public Utilities Commission of Ohio (PUCO) for assistance at 1.800.686.7826 (toll-free) from 8:00 am to 5:00 pm weekdays or at http://www.puco.ohio.gov. Hearing or speech impaired customer may contact the PUCO via 7-1-1 (Ohio relay service).The Ohio Consumers’ Counsel (OCC) represents residential utility customer in matters before the PUCO. The OCC can be contacted at 1.877.742.5622 (toll-free) from 8:00 am to 5:00 pm weekdays, or at http://pickocc.org.
15. MODIFICATION. TSEE may supplement, modify, or amend the terms of this Agreement upon at least 30 days’ prior written notice to Customer. Such amended Agreement will supersede any previous agreement between Customer and TSEE. Upon receipt of written notice pursuant to this Section, Customer may cancel this Agreement at any time prior to the commencement of the next billing cycle by providing written notice to TSEE.
16. PROTECTION OF CUSTOMER RIGHTS. TSEE hereby provides notice that its services are governed by the terms of this Agreement, the rules and regulations issued by the EDU and the PUCO. Your EDU’s transmission and distribution functions will continue to be regulated by the PUCO. Electric service may be disconnected only by the EDU and only in compliance with rules set by the PUCO.
17. CONTACT INFORMATION. Any questions regarding these terms and conditions or your service with TSEE should be directed to us in writing at Town Square Energy East, LLC, 3950 E. Riggs Road, Suite 1, Chandler, AZ 85249. TSEE may also be contacted by telephone (toll-free) at 1-877-430-0093 between the hours of 8:00 am and 6:00 pm Eastern time, or by e-mail at email@example.com. Customer shall be responsible for providing TSEE with up-to-date contact information, including telephone number and email address. Customer agrees to receive all notices, including those referenced in this Agreement, by email.
18. RIGHT OF RESCISSION. You will be receiving a confirmation notice from your EDU confirming the transfer of your service to TSEE. You may rescind this Agreement, without penalty, within seven calendar days of the postmark date on the EDU’s confirmation notice, by contacting the EDU. You may also rescind by calling TSEE at 1-877-430-0093 or by writing to TSEE at 3950 E. Riggs Road, Suite 1, Chandler, AZ 85249 and stating that you wish to rescind under the seven-day Right of Rescission.
19. RELOCATION. If an electric customer relocates outside of TSEE’s service area, or outside the EDU’s service area, or into an area where TSEE charges a different price, he/she may terminate this Agreement with respect to the electric account(s), without penalty, upon 30 days’ written notice to TSEE at 3950 E. Riggs Road, Suite 1, Chandler, AZ 85249.
20. CHANGE IN LAW. If at some future date there is a change in any law, order, rule, regulation, or state-approved tariff whereby TSEE is prevented or prohibited from carrying out the terms of this Agreement, then this Agreement may be terminated by either party without penalty. If at some future date there is a change in any law, order, rule, regulation or state-approved tariff affecting TSEE’s costs to purchase electricity required to provide service, then, TSEE may revise this Agreement by proposing new terms to Customer. If Customer affirmatively consents to the new terms, this Agreement will remain in place subject to the new terms. If Customer does not consent to the new terms, either party may terminate this Agreement without penalty.
21. ENTIRE AGREEMENT. This Agreement, together with any enrollment forms and attachments and any third-party verification audio recording, sets forth the entire agreement between the parties and any other understandings or representations by and between the parties with respect to the matters addressed herein are superseded by this Agreement.
22. SWITCHING FEES. The EDU may charge switching fees to Customer.
23. CUSTOMER PAYMENT HISTORY. Customer has the right to request from the CRES provider, twice within a twelve-month period, up to twenty-four months of Customer’s payment history without charge.
24. ENVIRONMENTAL DISCLOSURE. Information regarding the approximate generation resource mix and environmental characteristics of TSEE’s power supplies can be found at www.townsquareenergy.com.
OH – V.09012017