ENERGY PLUS HOLDINGS LLC ("EP")
TERMS OF SERVICE
Agreement to Sell and Buy Electricity: We agree to sell and you agree to buy all of your electricity requirements for the accounts listed in your Welcome Confirmation (your welcome letter or email) on the terms stated in these Terms of Service ("TOS"). This Agreement is for electric generation service only. Your electric distribution company ("EDC") will continue to deliver electricity to your residence or business through transmission and distribution facilities owned by the EDC.
Rate: The initial rate (price) that applies only to your first month of service is stated in the Welcome Confirmation. This initial rate valid only for customers who are not currently, and have not previously been, enrolled in service with EP. The variable rate each month will reflect the cost of electricity, including energy, capacity, settlement, ancillaries, related transmission and distribution charges and other market-related factors; plus all applicable taxes, fees, charges, costs, expenses and margins. The rate may be higher than your EDC's rate. This rate does not include utility charges. If you select the Energy Plus Green Option, you will be charged an additional variable rate charge for the purchasing of Renewable Energy Certificates that may change over time. Currently, the additional charge is $0.01 per kWh.
Right to Rescind: You have the right to rescind this Agreement without penalty until midnight of the third business day after your receipt of your Welcome Confirmation by contacting us at the telephone number or email address listed below. Any cancellation after midnight of the third business day shall be subject to Term provisions.
Term: EP will begin to provide electric generation service to you on your next regularly scheduled meter read date after your EDC has switched your account to us. Your service with us will continue on a month-to-month basis until this Agreement is terminated by you or us and your EDC switches your account to its standard generation service or to another electric supplier. You may terminate this Agreement at any time after the first month of service so long as you provide us with 30 days advance written notice. If you cancel this Agreement during the first month, you may forfeit some of the rewards described in your Welcome Confirmation. We also reserve the right to terminate this Agreement with 30 days advance written notice to you.
Customer Information Release Authorization: By entering into this Agreement, you agree that your EDC may release to us certain information that we need to provide service to you, including your address, telephone number, account numbers, historical usage information and peak electricity demand. We will not give or sell your personal information to any unaffiliated party without your consent unless we are required to do so by law or it is necessary to enforce these TOS or allow you to receive the rewards described in the Welcome Confirmation.
Billing: You will continue to receive one bill from your EDC per each billing cycle for the electric generation service provided by EP and the transmission, distribution and other services provided by your EDC, each with taxes thereon. You will make payment for all of these services directly to your EDC in accordance with the payment terms stated in your EDC's tariffs.
Title and Taxes: Title to the electricity sold under this Agreement will pass from us to you when it is delivered to your EDC. You will be responsible for the payment of all transfer, sales or other taxes related to EP's service under this Agreement. If you are exempt from any such taxes, you are responsible for identifying and requesting such exemption from the collection of taxes by filing appropriate documentation with EP and/or your EDC, as applicable.
Limitation of Liability: EP's liability in connection with this Agreement shall not exceed the amount of your largest monthly invoice for electric generation service during the twelve (12) months immediately preceding termination of this Agreement. EXCEPT AS OTHERWISE PROVIDED HEREIN, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL (INCLUDING LOST PROFITS OR REVENUES), INCIDENTAL OR PUNITIVE DAMAGES FOR CLAIMS ARISING HEREUNDER.
Binding Effects; Assignment: This Agreement shall extend to and be binding upon our respective successors and permitted assigns. You may not assign this Agreement without our prior written consent. We may sell, transfer, pledge, encumber or assign the accounts receivable and revenues derived from this Agreement (or any proceeds thereof) in connection with any financing agreement, purchase of receivables program or other billing services arrangement. In addition, we may assign our rights and obligations hereunder to an affiliate of EP, any person or entity that purchases substantially all of the assets of EP, or a competitive electricity supplier licensed to do business in Maryland.
Customer Complaints: If you have questions about your bill or service, you may contact EP by calling our Customer Care department at 1-877-580-3915 or emailing us at MDSupport@energypluscompany.com. If you are not satisfied with the response from the Customer Care representative, you may ask that your issue be referred to an EP supervisor, who will respond promptly. If you remain unsatisfied with our attempts to resolve the issue, you may seek assistance from the Maryland Public Service Commission ("PSC") or request information from the PSC regarding your consumer protection rights. The PSC’s contact information is listed below.
Other Provisions: This TOS and the Welcome Confirmation are, together, the entire agreement ("Agreement") between the parties with regard to the subject matter hereof and supersedes all prior agreements, either written or oral. Nothing in this Agreement shall create or be construed as creating any express or implied rights in any person or entity other than you and us. This Agreement is subject to all valid and applicable legislation and to all present and future orders, rules and regulations of authorities having jurisdiction over the subject matter hereof. You acknowledge that this Agreement is a forward contract within the meaning of the United States Bankruptcy Code and that we are a forward contract merchant. This Agreement shall be governed by Maryland law.
Force Majeure: We will use commercially reasonable efforts to provide the service contemplated herein, but we do not guarantee a continuous supply of electricity. Certain Force Majeure events outside of our control may cause interruptions in service. If a Force Majeure event prevents us from performing our obligations in whole or in part, our performance shall be excused for the duration of such event, and we will not be liable for damages associated with any delay or failure to perform as a result thereof. "Force Majeure" shall include, without limitation, sabotage, riots or civil disturbances, acts of God, acts of the public enemy, acts of vandalism, terrorist acts, natural disasters, explosions, fires, or similarly cataclysmic occurrence, labor actions shortage or unavailability of transmission facilities, nonperformance by the EDC, or any change in law or any other action by a governmental authority that materially impairs our ability to perform our obligations under this Agreement.
Cancellation of Existing Service: You are responsible for canceling any agreements with other electric suppliers from whom you are purchasing electric generation service as of the date of this Agreement.
ENERGY PLUS CONTACT INFORMATION:
EDC CONTACT INFORMATION - In the event of a power outage or other emergency, a problem with your electric meter or any other service need, please contact your EDC at the following number:
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BGE |
1-877-778-2222 |
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Delmarva Power |
1-800-898-8045 |
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Pepco |
1-877-PEPCO-62 (877-737-2662) |
PSC CONTACT INFORMATION:
Internet address:
www.www.psc.state.md.us.com |
Telephone number:
1-800-492-0474 |
Mailing address:
Public Service Commission
Wm Donald Schaefer Tower
6 St. Paul St
Baltimore, MD 21202-6806 |
Fax number:
410-333-6495 |
Maryland License Number: IR-1805
10-20120504
Energy Plus Green Option Disclosure:
The Energy Plus green option is a renewable energy certificate product provided by EP. Customer participation in the Energy Plus green option is subject to the following terms and conditions:
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Price, Terms, and Conditions |
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The Energy Plus Green Option is certified by Green-e Energy, which requires companies to provide their customers with this notice of Price, Terms and Conditions of service. From the time you receive this, you have three business days to change your mind about purchasing the Energy Plus Green Option from Energy Plus Holdings LLC. You may cancel your agreement to purchase the Energy Plus Green Option from Energy Plus Holdings LLC by calling the customer service number or writing to the billing address listed below. For more information about Green-e Energy, write Green-e Energy, PO Box 29512, San Francisco, CA 94129 or log onto www.green-e.org, or call toll-free 1-888-63-GREEN. |
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Company: |
Energy Plus Holdings LLC |
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Whom should I contact for more information on the Energy Plus Green Option? |
Contact Energy Plus Holdings LLC at 1-877-580-3915, www.energypluscompany.com, GreenOption@EnergyPlusCompany.com, or Energy Plus Holdings LLC, P.O. Box 38815, Philadelphia, PA, 19104. |
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How will I be billed for the Energy Plus Green Option? |
Your local utility company will continue to send you your bill. The charges for Energy Plus Green Option will be included in the total dollar amount of the supply portion of the customer's electricity bill. |
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Will my Energy Plus Green Option rates change over time? |
Energy Plus Holdings LLC offers a variable rate Renewable Energy Certificate product so the Energy Plus Green Option rate may change over time. As of May 2012, the Energy Plus Green Option rate is an incremental $0.01 per kWh. Based on a monthly average usage of 500 kWh and a price of $0.01 per kWh, an estimate of the incremental cost for the Energy Plus Green Option to your monthly electricity is $5.00. Your actual bill will vary based on your use of electricity. Current and historical rates should not be taken as a guarantee of future rates. |
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What sources will be used in my certified product? |
The Energy Plus Green Option product features RECs from 100% national wind power. Please reference Product Content Label below. |
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What is the term of this agreement? |
This Agreement shall commence as of the first day of the next billing cycle after the utility company accepts enrollment and shall continue each month thereafter (the "Initial Term"). Upon completion of the Initial Term, this Agreement will automatically renew on a month-to-month basis at the same terms based on the initial service start date, unless 30 days advance notice is provided by the customer. The agreement will renew at the same terms unless Energy Plus Holdings LLC sends Customer written notice of proposed changes to such terms in advance of the renewal date (the "Renewal Term"). Any such written notice will be sent at least 45 days and no more than 90 days prior to the renewal date, apprising Customer of any proposed changes in the terms and conditions of this Agreement and of the Customer's right to renew, terminate or renegotiate this Agreement. |
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If I want to terminate this agreement, what is the early termination fee? |
There are no sign-up fees or cancellation fees with Energy Plus Holdings LLC. When receiving service on a month-to-month basis, Customer may cancel or terminate this Agreement without penalty so long as Energy Plus Holdings LLC is provided with 30 days advance notice of termination by calling Energy Plus Holdings LLC at 1-877-580-3915 or writing to Energy Plus Holdings LLC, including his/her name and address, at: Energy Plus Holdings LLC, P.O. Box 38815, Philadelphia, PA, 19104. |
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What other fees might I be charged? |
Energy Plus Holdings LLC does not charge additional fees for their services. |
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PRODUCT CONTENT LABEL1 |
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This is a renewable energy certificate (REC) product. For every unit of renewable electricity generated, an equivalent amount of RECs is produced. The purchase of RECs supports renewable electricity generation, which helps reduce conventional electricity generation in the region where the renewable generator is located. Your purchase of the Energy Plus Green Option product will be a purchase of RECs that is equivalent to your estimated kWh each month. The product will be made up of the following new renewable resources averaged annually. |
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Green-e Energy Certified New2 Renewables in Energy Plus Green Option |
Generation Location |
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Wind |
100% |
National |
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TOTAL |
100% |
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1. Actual figures may vary according to resource availability. We will annually report to you the actual resource mix of the RECs you purchased during the preceding year.
2. New Renewables come from generation facilities that first began commercial operation on or after January 1, 1997. For comparison, the average (2002-2006) mix of energy sources supplying the US includes: Coal (49%), Nuclear (20%), Oil (3%), Natural Gas (18%), Large Hydroelectric (7%), Other Fossil (1%), and Renewables (2%). (from U.S. Department of Energy/Energy Information Administration) The average home in the United States uses 900 kWh per month. [Source: U.S. EPA]
For specific information about this REC product, please contact EP at 1-877-580-3915 or GreenOption@EnergyPlusCompany.com.
Green-e Energy certifies that Energy Plus Green Option meets the minimum environmental and consumer protection standards established by the non-profit Center for Resource Solutions. For more information on Green-e Energy certification requirements, call 1-888-63-GREEN or log on to www.green-e.org.
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