New Jersey

Agreement to Sell and Buy Energy: For the sale and purchase of electricity, this is an agreement between Energy Plus Holdings LLC (“EPH”) and you, the customer (“Customer”), under which Customer shall initiate electricity service and begin enrollment with EPH; for the sale and purchase of natural gas, this is an agreement between Energy Plus Natural Gas LLC (“EPNG”) and Customer under which Customer shall initiate natural gas service and begin enrollment with EPNG.  EPH agrees 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"). EPNG agrees to sell and your agree to buy all of your natural gas requirements for the accounts listed in your Welcome Confirmation (your welcome letter or email) on the terms stated in these TOS. This Agreement is for electric generation service and/or natural gas supply service only. Your local distribution utility ("LDU") will continue to deliver electricity and/or natural gas to your residence or business through transmission and distribution facilities owned by the LDU. EPH and EPNG may be collectively referred to as “Energy Plus®” or “EP”.

Rate: For Electricity - The initial rate (price) that applies only to your first month of service is stated in your 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 LDU's rate. 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 which includes applicable tax for Rockland Electric Customers; however, applicable taxes will be added to this rate for Atlantic City Electric, JCP&L and PSE&G customers. For Natural Gas - Variable price each month will reflect the cost of natural gas commodity, capacity, storage, balancing, transportation to the Delivery Point, agency services; plus all applicable taxes, fees, charges, costs, expenses, and margins. The price may be higher than your LDU's price.

Right to Rescind: You will receive a confirmation notice for your choice of supplier and have fourteen (14) calendar days from the date of such notice to contact your LDU(s) and rescind the selection(s). This agreement is not binding until the fourteen (14)-day confirmation period has expired and you have not rescinded the supplier selection. Any cancellation after the fourteen (14) day confirmation period shall be subject to Term provisions.

Term: EPH will begin to provide electric generation service to you on your next regularly scheduled meter read date after your LDU has switched your account to EPH. EPNG will begin to provide natural gas service to you on your next month’s cycle meter reading date after your LDU has switched your account to EPNG. (The service switch dates for electric or natural gas will not be before the expiration of your fourteen (14)-day right of rescission as required under the New Jersey Board of Public Utilities ("NJ BPU")). Your service with EPH or EPNG, as applicable, will continue on a month-to-month basis until this Agreement is terminated by you or EP and your LDU(s) switches your account(s), as applicable, to: for electricity, its standard generation service or to another electric supplier, or for natural gas, its basic gas supply service or to another natural gas supplier. You may terminate this Agreement at any time after the first month of service so long as you provide EPH or EPNG, as applicable, with thirty (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. EP also reserves the right to terminate this Agreement with thirty (30) days advance written notice to you.

Customer Information Release Authorization: By entering into this Agreement, you agree that your LDU may release to EP certain information that EPH or EPNG, as applicable, needs to provide service to you, including your address, telephone number, account numbers, historical usage information and peak electricity and/or natural gas demand. EP 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: For Electric - You will continue to receive one bill from your LDU per each billing cycle for the electric generation service provided by EPH and the transmission, distribution and other services provided by your LDU, each with taxes thereon. For Natural Gas – You will continue to receive one bill from your LDU per each billing cycle for the natural gas supply service provided by EPNG and the distribution and other services provided by your LDU, each with taxes thereon.  For both electric and natural gas, you will make payment for all of these services directly to your LDU(s) in accordance with the payment terms stated in your LDU(s)'s tariffs. Failure to make payment for sixty (60) days may result in separate bills from your LDU(s) and EP. Late payment fees of 1.33% may begin to accrue upon fees being more than five (5) days past-due. EP's failure to charge late fees when due shall not be construed as a waiver of EP's right to such late fees. If you fail to remit payment when due, or if you breach any of the other terms and conditions of the Agreement, then, in addition to any other remedies EP may have, EPH or EPNG, as applicable, has the right to terminate the Agreement, in whole or with respect to any particular account(s) covered by the Agreement, upon thirty (30) days' written notice, even if you make payment or correct the problem that caused the termination within the thirty (30)-day period. Failure to make full payment may be grounds for disconnection of utility services. A $20 fee per account may be assessed for any payment returned due to insufficient funds. If any payments made by you directly to EP are rejected two times in a one-year period, the only form of payment acceptable will be a certified check, money order or electronic funds transfer. If you make a payment for a lesser amount, which includes a statement or letter indicating that the lesser payment constitutes full payment, EP may accept such payment without prejudice to any other rights or remedies that EP may have against you and EP may apply it to your account(s) as a partial payment. You may terminate this contract, with 48 hours notice without penalty, as a result of a relocation within or outside the LDU(s)'s franchise area, disability that renders the customer of record unable to pay for service, and/or the customer of record's death.

Title and Taxes: Title to the electricity and natural gas sold under this Agreement will pass from EP to you when it is delivered at the LDU meter to you.  You will be responsible for the payment of all transfer, sales or other taxes related to EP's service(s) 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 LDU, as applicable.

Limitation of Liability: EPH’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. EPNG’s liability in connection with this Agreement shall not exceed the amount of your largest monthly invoice for natural gas supply service during the twelve (12) months immediately preceding termination of this Agreement. EXCEPT AS OTHERWISE PROVIDED HEREIN, IN NO EVENT SHALL EITHER EP OR CUSTOMER BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL (INCLUDING LOST PROFITS OR REVENUES), INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES FOR CLAIMS ARISING HEREUNDER. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A WAIVER BY YOU OF ANY RIGHTS AFFORDED BY STATE OR FEDERAL CONSUMER PROTECTION LAWS.

Binding Effects; Assignment: This Agreement shall extend to and be binding upon EP’s respective successors and permitted assigns. You may not assign this Agreement without the prior written consent of EPH or EPNG, as applicable. Either EPH or EPNG  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, and may assign the rights and obligations hereunder, in whole or in part, to an affiliate or subsidiary of EPH or EPNG, any person or entity that purchases substantially all of the assets of EPH or EPNG, or a competitive electricity or natural gas supplier, as applicable, licensed to do business in New Jersey.

Customer Complaints: If you have questions about your bill or service, you may contact EP by calling our Customer Care department at 1-877 866-9193 or emailing us at NJSupport@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 New Jersey Board of Public Utilities (NJ BPU) or request information from the NJ BPU regarding your consumer protection rights. The NJ BPU's contact information is listed below.

NJ BPU (800) 624-0241  www.state.nj.us/bpu/assistance.

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 EP. 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 EPH and EPNG are forward contract merchants. This Agreement shall be governed by New Jersey law.

Force Majeure: EPH or EPNG, as applicable, will use commercially reasonable efforts to provide the electric and/or natural gas service contemplated herein, but neither EPH nor EPNG guarantees a continuous supply of electricity and/or natural gas. Certain Force Majeure events outside the control of EPH or EPNG, as applicable, may cause interruptions in service. If a Force Majeure event prevents EPH or EPNG  from performing its obligations in whole or in part, its performance shall be excused for the duration of such event, and neither EPH nor EPNG will 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, shortage or unavailability of transmission facilities, nonperformance by the LDU, or any change in law or any other action by a governmental authority that materially impairs the ability of EPH or EPNG to perform its obligations under this Agreement. EPH or EPNG, as applicable, will give you reasonably prompt and detailed notice of any Force Majeure occurrence.

Cancellation of Existing Service: You are responsible for canceling any agreements with other electric and/or natural gas suppliers from whom you are purchasing electric generation and/or natural gas supply service as of the date of this Agreement.

ENERGY PLUS CONTACT INFORMATION:

LDU CONTACT INFORMATION - In the event of a power outage/gas leak or other emergency, a problem with your electric/gas meter or any other service need, please contact your LDU at the following number:

Energy Plus Holdings LLC is licensed by the NJ BPU and its license number is ESL-0087. Energy Plus Natural Gas LLC is licensed by the NJ BPU and its license number is GSL-0100.

 

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:

Price, Terms, and Conditions
	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. You may cancel your enrollment in 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, 1012 Torney Ave, 2nd Floor, San Francisco, CA 94129or log onto www.green-e.org, or call toll-free 1-888-63-GREEN.
Company:	Energy Plus Holdings LLC
Whom should I contact for more information on the Energy Plus Green Option?	Contact Energy Plus Holdings LLC at 1-877-866-9193, www.energypluscompany.com, GreenOption@EnergyPlusCompany.com, or Energy Plus Holdings LLC, P.O. Box 38815, Philadelphia, PA, 19104.
How will I be billed for the Energy Plus Green Option?	Your local utility company will continue to send you your bill per the conditions described in your electricity supply service Agreement. The charges for the Energy Plus Green Option will be included in the total dollar amount of the supply portion of the customer's electricity bill.
Will my Energy Plus Green Option rates change over time?	As of May 2012, the Energy Plus Green Option rate is an incremental $0.01 per kWh. This additional $0.01 per kWh includes applicable tax for Rockland Electric customers; however, for Atlantic City Electric, JCP&L, and PSE&G customers, applicable tax will be added to this rate. Based on a monthly average usage of 500 kWh and a price of approximately $0.01 per kWh, an estimate of the incremental cost for the Energy Plus Green Option to your monthly electricity is about $5.00. Your actual bill will vary based on your use of electricity.  For customers enrolled in a variable rate product, the incremental rate for the Green Option may change.  Current and historical rates should not be taken as a guarantee of future rates.  For customers enrolled in a fixed rate product, your rate will not change during the fixed rate period of your Agreement.
What sources will be used in my certified product?	The Energy Plus Green Option product features RECs from 100% national wind power. Please reference the Product Content Label below.
When will my enrollment in the Energy Plus Green Option start?	Enrollment in the Energy Plus Green Option will coincide with your enrollment with Energy Plus for electricity supply service and shall continue each month thereafter.
If I no longer want the Energy Plus Green Option, is there a cancellation fee?	There are no sign-up fees or cancellation fees with the Energy Plus Green Option.  Cancelling the Energy Plus Green Option will take approximately 1-2 bills to take effect.
What other fees might I be charged for the Energy Plus Green Option?	There are no additional fees for the Energy Plus Green Option.

PRODUCT CONTENT LABEL1
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.
Green-e Energy Certified New2 Renewables in Energy Plus Green Option		Generation Location
Wind	100%	National
TOTAL	100%
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 1-877-866-9193 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.