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ELECTRONIC LETTER OF AGENCY AUTHORIZING CHANGE IN CUSTOMER'S ELECTRIC SERVICE PROVIDER TO ENERGY PLUS (“WE”, "US", “OUR”), A CERTIFIED RETAIL ELECTRIC SUPPLIER IN ILLINOIS 

By this Letter of Agency, the Customer ("you") hereby affirm the following:

Customer Name: _____________________________
Billing Address: ______________________________

Signed,
You, the Customer



 
ENERGY PLUS TERMS OF SERVICE FOR ELECTRICITY SUPPLY 

This document is a contract between us, Energy Plus, and you that allows us to switch your electricity account(s) to our service. We will begin supplying your electricity under this contract, but your utility will continue to be responsible for delivering your electricity and sending you a bill for both of our services. Your utility (and not us) will also continue to respond to any service calls and emergencies and switching to us will not impact your electric service reliability. We are certified by the Illinois Commerce Commission (“ICC”) as an Alternative Retail Electric Supplier to sell electric generation service in Illinois. We are an independent seller of power and energy service and we are not representing, or acting on behalf of, a utility, governmental body, or consumer group. You will receive a letter from your utility confirming your enrollment with us.

Important Information
Length of Your Commitment Month-to-Month. We will begin providing service to you after your utility processes our request to switch your service. Our service will continue until either of us cancels the contract. 
Price for Your Electricity You'll receive a promotional price for your first three bills and your price will be variable after that. We will determine the variable supply price in our discretion based on many different factors, which may include competitive prices, industry charges we are responsible for, applicable state and local taxes, profit margins, or other business conditions. For your reference, our prices include generation and transmission charges, but they do not include any utility distribution charges or other utility fee or charge. If you enrolled in a plan with a percentage of green power, your price includes the cost for us to purchase Renewable Energy Certificates. Our current and historical prices are not an indicator of our future prices and we do not guarantee any savings. Our prices may be higher than your utility’s supply rate. No matter what, we will not increase your variable price in any given month by more than 30% from the prior month’s supply price. 
Applicable Fees None.
Your Right to Rescind You have 10 business days to rescind this contract. This is called your “Right to Rescind” period, which means you will not start service with us until after this period. You may rescind this contract by contacting us at the telephone number or email address listed below before your enrollment is submitted to the utility company. You may also rescind within 10 calendar days after the utility processes the enrollment request by contacting us, or ComEd at 800-334-7661. 
Your Right to Cancel Once service has started, you may cancel by contacting us. It may take one or two billing cycles before the cancellation is finalized, depending on your utility’s timeframes. The effective date is usually the next date that your meter is read after the utility has processed our request to cancel your service with us. If you do cancel this contract, you may forfeit some of the rewards that we describe in your Welcome Confirmation, and you will be responsible for unpaid balances as of the cancellation date. 

Additional Contract Terms 

Contract Details: Our full, legal name is Energy Plus Holdings LLC d/b/a Energy Plus. This contract is for the sale and purchase of all of your electricity for the residential account(s) listed in your Welcome Confirmation (letter or email). Your utility is responsible for the delivery of electricity to you, and we are not. This contract, the Letter of Agency, and the Reward Terms contained in the Welcome Confirmation (letter or email) you received create your entire contract with us and replace any prior oral or written statements or representations.          

Our Right to Cancel: We have the right to cancel this contract for any reason as long as we give you thirty days' written notice, but if we are canceling the contract due to your conduct or your breach of this contract, you will have an opportunity to fix this condition within the thirty days. In the case of a Force Majeure event, we will give you fifteen days’ written notice of our intent to cancel this contract.

Your Authorization to Release Your Information: This contract provides authorization for your utility to release all information regarding your electricity account to us and for us to contact you about our other products and services or share information about your account with any designated rewards partner or with any third-party vendor we use to provide services and rewards to you. We reserve the right to share information with our affiliates, to the extent permitted by law.        

Billing: Your local utility is responsible for sending you a bill that includes the charges for our service and charges for the utility’s service. If there are any inaccuracies with the portion of the bill for our services, you agree to notify us within ninety days after the date of the bill or you are waiving any right to dispute the billed amounts to the extent permitted by law.        

Taxes: Any applicable tax charges are included on the one bill you will receive from your utility. If you are exempt from any taxes, you are responsible for requesting an exemption by filing all required documentation with us and/or your utility.    

Contract Changes: If we propose a material change to the terms of this contract, we will notify you in advance and explain your options going forward. We will not change or alter the waiver of jury trial provision under any circumstances, and any changes to this contract must be made in writing.     

Customer Complaints: If you have questions about our prices or our service, you should call us at the contact information listed below. If you are not satisfied with the response from our Customer Care representative, you may ask that your questions be referred to one of our supervisors, who will respond promptly. If you remain unsatisfied with our attempts to resolve the issue, you may seek assistance from the Illinois Commerce Commission (ICC) or request information from the ICC regarding your consumer protection rights. The ICC’s contact information is listed below.       

CONTACT INFORMATION:
ENERGY PLUS:

Mailing address: P.O. Box 38815, Philadelphia, PA 19104
Email address: ilsupport@energypluscompany.com
Telephone number: 1-877-580-3916

We are certification by the Illinois Commerce Commission and our certification number is DOCKET NO. 10-0479.

YOUR UTILITY:
If you experience a power outage or other emergency, a problem with your electric meter or any other service need, please contact your local utility at the emergency number below. 

Com Ed
Residential - 800-334-7661
Business - 877-426-6331

ILLINOIS COMMERCE COMMISSION:
Internet address: www.icc.illinois.gov 
Mailing address: Illinois Commerce Commission
527 East Capitol Ave, Springfield, IL 62701
Telephone number: 800-524-0795

Assignment: We may sell, transfer, pledge or assign the accounts, revenues or proceeds associated with this contract in connection with any financial contract, and we may assign the rights and obligations under this contract to another energy supplier consistent with applicable law. You may not assign this contract.

No Reliance:
You acknowledge that (1) you are not relying on any advice, statements, recommendations or representations of ours other than the written representations in this contract; (2) that you understand the risks of entering into this contract, including the risk that our prices may be higher than your utility’s rates, and you are capable and willing to assume those risks; and (3) you have made your own decision to enter into this contract, after consultation with your own advisors to the extent you deem necessary.     

Force Majeure: We do not guarantee a continuous supply of electricity as certain Force Majeure events outside of our control may cause interruptions in service. In this case, 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. "Force Majeure" includes, without limitation, acts outside of our control, 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, failure, shortage or unavailability of generating units or transmission facilities, nonperformance by your local utility, or any change in law or any other action by a governmental authority that materially impairs our ability to perform our obligations under this contract. We will give you reasonably prompt notice of any Force Majeure occurrence.       

Severability: If any provision of this contract is held to be unenforceable or invalid by any arbitrator or court of competent jurisdiction, we will negotiate an amendment of the affected provisions with you, and the validity and enforceability of the remaining provisions shall not be affected.     

LIMITATIONS ON WARRANTY AND DAMAGES: THE ELECTRICITY PROVIDED UNDER THIS CONTRACT WILL MEET THE QUALITY STANDARDS OF YOUR UTILITY. YOU UNDERSTAND AND AGREE THAT THERE ARE NO OTHER WARRANTIES ASSOCIATED WITH THE SERVICE PROVIDED BY US. WE HAVE NO LIABILITY OR ASSOCIATED LOSS OR DAMAGE FOR SERVICE INTERRUPTIONS. LIABILITIES NOT EXCUSED SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES. THE LIMITATIONS IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES ARE WITHOUT REGARD TO THE CAUSE OR CAUSES OF THE HARM OR LOSS.     

ARBITRATION AND WAIVER OF JURY TRIAL: ANY DISPUTE, CONTROVERSY OR CLAIM WITH THIS CONTRACT, SHALL BE FINALLY RESOLVED BY THE ICC OR BY ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) CONDUCTED UNDER THE AAA COMMERCIAL RULES AND THE CONSUMER-RELATED DISPUTES SUPPLEMENTARY PROCEDURES, OR, AT THE ELECTION OF EITHER PARTY, BROUGHT AS A SMALL CLAIMS ACTION, IN THE DISTRICT COURT OF ILLINOIS (“SMALL CLAIMS COURT”), IF THE DISPUTE OR CLAIM IS WITHIN THE SCOPE OF ITS JURISDICTION AND YOU ARE GIVING UP YOUR RIGHTS TO SEEK ALTERNATIVE REMEDIES AND THE RIGHT TO A JURY TRIAL. THE PARTIES AGREE THAT ALL CLAIMS INCLUDING STATUTORY, STATE OR FEDERAL CLAIMS, MAY BE MADE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS CONTRACT DOES NOT PERMIT CLASS ACTIONS, EITHER IN ARBITRATION OR THROUGH A COURT PROCEEDING. AAA MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IN THE EVENT THE PROHIBITION ON CLASS ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. 

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