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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


UNIFORM DISCLOSURE STATEMENT

Enery Plus
P.O. Box 38815, Philadelphia, PA 19104
1-877-580-3916, Mon-Fri 8am-8pm ET

Rates and Product Information

Price (in cents/kWh) and number of months this price stays in effect:

Price of 6.7¢ for 0
Other Monthly Charges:

${{cleansed.MonthlyCustomerCharge}}

Price per kWh will not change based on usage
Historical Pricing:

For historical pricing, please visit http://www.energypluscompany.com/ILHistoricalPricing or contact us toll free at 1-877-580-3916.

Length of Contract:

0

Price After the Initial Price:

Variable. Refer to Contract

Early Termination Fees and Contract Renewal
Early Termination Fee:

Contract ECF

Contract Renewal: Our Service will continue until either of us cancels the contract.
Right to Rescind and Cancel
Recission: You have a right to rescind (stop) your enrollment within 10 days after your utility has received your order to switch suppliers. You may call us at 1-877-580-3916, or ComEd at 1-800-334-7661.
Cancellation: You also have the right to terminate the contract without any termination fee or penalty if you contact us at 1-877-580-3916 within 10 business days after the date of your first bill with charges from Energy Plus.

This is a sales solicitation and the seller is Energy Plus, an independent retail electric supplier. If you enter into a contract with the seller, you will be changing your retail electric supplier. The seller is not endorsed by, representing, or acting on behalf of, a utility or utility program, a governmental body or a governmental program, or a consumer group or a consumer group program (unless the RES has entered into a contractual arrangement with the governmental body and has been authorized by the governmental body to make the statements).

If you have any concerns or questions about this sales solicitation, you may contact the Illinois Commerce Commission's Consumer Services Division at 800-524-0795. For information about the electric supply price of your electric utility and offers from other retail electric suppliers, please visit PlugInIllinois.org.

 
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 Contract Information
Price for Your Electricity

You'll receive a promotional electricity supply price of 6.7¢ per kWh for your first 0 billing cycle(s) 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 electricity supply 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 renewable energy, your price includes the cost to purchase Renewable Energy Credits as well as all of the above-listed factors.

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 supply price in any given month by more than 30% from the prior month’s supply price. For a one-year price history of our variable pricing, please call us at the number listed below or visit energypluscompany.com, and for your current monthly variable price, please call.
Length of Your Commitment and Contract Renewal 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.
Applicable Fees/Early Termination Fee None. Note: Cancellation may take 1-2 billing cycles depending on your utility’s timeframe for processing the request.
Statement Regarding Savings 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.
Your Right to Rescind You may rescind this contract before we submit the enrollment request to your utility by contacting us. You may also rescind within 10 calendar days after the utility processes the enrollment request by contacting us, or ComEd at 800-334-7661.
About Your Service

Energy Plus is an independent seller of electric power and energy service certified by the Illinois Commerce Commission. The seller is not representing, endorsed by, or acting on behalf of, a utility or utility program, a consumer group or consumer group program, or a governmental body or program of a governmental body. Your electric utility remains remonsible for the delivery of electric power and energy to the customer’s premises and will continue to respond to any service calls and emergencies.  You will receive written notification from the electric utility confirming a switch of your electricity supplier.

Important Phone Numbers
Energy Plus All Customers 877-580-3916
Com Ed Residential 800-334-7661
Business 877-426-6331
Illinois Commerce Commission Consumer Services Division 800-524-0795

 

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:

YOU HAVE THE RIGHT TO FILE A COMPLAINT WITH THE ILLINOIS COMMERCE COMMISSION TO ADDRESS ANY CONCERN OR DISPUTE YOU HAVE REGARDING YOUR SERVICE. 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.

BY ENTERING INTO THIS CONTRACT, YOU ARE GIVING UP YOUR RIGHTS TO SEEK REMEDIES IN COURT, AND THE RIGHT TO A JURY TRIAL. THE ABILITY TO CONDUCT DISCOVERY IN ARBITRATION IS LIMITED AND THE ARBITRATOR’S DECISION IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD.  THE AAA SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY PORTION OF THIS ARBITRATION PROVISION.

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. JUDGMENT ON THE ARBITRATOR’S AWARD CAN BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE, AND THUS THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

EPH-IL-PEV04-20140910