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ENERGY PLUS TERMS OF SERVICE FOR RESIDENTIAL ELECTRICITY AND NATURAL GAS SUPPLY 

We appreciate your business. This document is a contract between us, Energy Plus, and you that allows us to switch your electricity and natural gas account(s) to our service. It describes the nature of our service with you and provides important information for you to be aware of. We will begin supplying your electricity and natural gas under this contract, but your utility will continue to be responsible for delivering your electricity and natural gas sending you a bill for both of our services.

Customer Disclosure Statement
Price for Your Electricity You'll receive a promotional electric supply price for your first three bills and your price will be variable after that. 
Price for Your Natural Gas You'll receive a promotional natural gas supply price for your first three billing cycles that is 5% lower than your utility's natural gas supply rate effective on the first day of each month for residential and commercial rate classes. 
Price Changes 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.  
Length of Your Commitment Month-to-Month. We will begin providing service to you after your utility processes our request to switch your service. The switch will not occur before the expiration of your “Right to Rescind” period. Our service will continue until either of us cancels the contract.  
Your Right to Rescind You have 3 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. 
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. 
Applicable Fees None 
Renewal Our service will continue until either of us cancels the contract.  
Benefits and Savings Details 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. See Rewards Program Disclosures. 

A. 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. The switch will not occur before the expiration of your “Right to Rescind” period. Our service will continue until either of us cancels the contract.           

Price: 

For Your Electricity: The promotional electric supply price you will receive during your first three billing cycles with us will be listed in your Welcome Confirmation. For your reference, our prices include generation 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 (RECs).

After the promotional period, your prices with us will be variable. 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. 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. 

For Your Natural Gas: The promotional natural gas supply price you will receive during your first three billing cycles with us will be 5% lower than your utility's natural gas supply rate effective on the first day of each month for residential and commercial rate classes. For your reference, our prices include natural gas and supply, but they do not include any utility distribution charges or other utility fee or charge.

After the promotional period, your prices with us will be variable. 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. 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. If you are currently in a contract with another electricity or natural gas supplier, the request to switch you to our service will automatically cancel your service with the other electricity or natural gas supplier. You are responsible for any penalties the other electricity or natural gas supplier may charge.          

Right to Rescind: You have the “Right to Rescind” this contract for three business days, which means you can cancel your request to switch your electricity and natural gas service and never start service with us. You will receive a Welcome Confirmation from us, which will include this contract, and you will have until midnight of the third business day after receipt of the Welcome Confirmation to rescind this contract by contacting us at the telephone number or email address listed below. This contract is not binding until your “Right to Rescind” period has ended with no action on your part to rescind the contract.            

Your Right to Cancel: You may cancel this contract without having to pay any cancellation fee by calling us at our contact information listed below. We will request that the utility cancel your service with us, but the utility controls the effective date of your cancellation. 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.    

Our Right to Cancel: We have the right to cancel this contract for any reason as long as we give you fifteen 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 fifteen days. Your utility will control the effective date of our cancellation request, but this is usually the next date that your meter is read. If your utility terminates your service, this contract will be automatically cancelled.     

Your Authorization to Release Your Information: This contract provides authorization for your utility to release all information regarding your electricity and natural gas 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.         

Your Protections: Our residential services are governed by the terms and conditions of this contract, HEFPA, and other applicable law. We will notify you at least fifteen days prior to the cancellation of your service, and if you fail to make payments, you may be subject to cancellation of our service and/or the suspension of utility services. You may obtain additional information by reaching out to us or the NYPSC at the contact information listed below. You may also call the NYPSC with inquiries regarding the competitive retail energy market at 888-697-7728.       

Electronic Communication: If you provide us with your Email address, you are consenting to this contract and other forms of communication being provided to you in electronic form and you must provide us with any update to your valid Email address should it change. You are required to notify us of any change in Email address and/or any withdrawal of consent for the electronic transmission of contracts or other customer information. If you enroll electronically, please note that our website and application is best viewed in Internet Explorer 8.0 or higher.     

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. The bill that the utility sends should include a separate line item for our service. Under this contract, you agree to pay your utility directly for our service.

You also agree to review your bills in a timely manner, and 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. If we do not hear from you, you are agreeing that the billed amounts are correct and 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 Details: Energy Plus Holdings LLC supplies your electricity and our subsidiary, Energy Plus Natural Gas LLC supplies your natural gas. We use “Energy Plus”, “we”, “us”, or “our” to refer to both of us for the purposes of this contract. We use “you” or “your” to refer to you, the customer.

This contract is for the sale and purchase of all of your electricity and natural gas for the residential account(s) listed in your Welcome Confirmation (letter or email). By entering into this contract, you are authorizing us to take the steps necessary to switch your electricity and natural gas supply service to us, and you agree to appoint us as your agent to acquire the necessary information to meet your electricity and natural gas needs as required by your “utility”, which we use to refer to your local distribution company. Your utility is responsible for the delivery of electricity and natural gas to you and we are not. This contract and the Welcome Confirmation (letter or email) you received create your entire contract with us and replace any prior oral or written statements or representations.

Customer 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 NYPSC or request information from the NYPSC regarding your consumer protection rights. The NYPSC's contact information is listed below.        

CONTACT INFORMATION:

ENERGY PLUS:

We are deemed eligible to provide electricity and natural gas supply by the NYPSC.
 

Internet address: www.energypluscompany.com
Mailing address: P.O. Box 38815, Philadelphia, PA 19104
Email address: nysupport@energypluscompany.com
Telephone number: 1-877-320-0356 

YOUR UTILITY:

If you experience a power outage or other emergency, a problem with your electricity and natural gas meter or any other service need, please contact your local utility at the emergency number below. 


Central Hudson: 1-800-527-2714

Con Edison: 1-800-752-6633 (electric and natural gas)

National Fuel Gas: 1-800-444-3130 

National Grid (Niagara Mohawk): 1-800-867-5222 (electric) or 1-800-892-2345 (natural gas)

National Grid (Keyspan): 1-718-643-4050

New York State Electric & Gas: 1-800-572-1131 (electric) or 1-800-572-1121 (natural gas)

Orange & Rockland: 1-877-434-4100 (electric) or 1-800-533-5325 (natural gas)

Rochester Gas & Electric: 1-800-743-1701

NYPSC:
Internet address: www.dps.ny.gov
Mailing address: New York State Public Service Commission, Office of Consumer Services, Three Empire State Plaza, Albany, New York 12223 Telephone number: 888-697-7728 

B. Other Information Our Lawyers Make Us Include
 
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 consulted with your own advisors to the extent you deemed necessary; and (3) that you understand the risks of entering into this contract, including the risk that our prices may be higher than your utility’s rates. You acknowledge that you are capable and willing to assume those risks (whether financial, economic or otherwise) and that you have made your own decision to enter into this contract.     

Force Majeure: We will use commercially reasonable efforts to provide electricity and natural gas supply to you pursuant to this contract, but we do not guarantee a continuous supply of electricity and natural gas. Certain Force Majeure events outside of our control may cause interruptions in service. If a Force Majeure event prevents us from performing any of our obligations in any way, 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: Each provision of this contract is made subject to the maximum extent permitted by law. If any are held to be unenforceable or invalid by any arbitrator or court of competent jurisdiction, we will negotiate an equitable adjustment to or an amendment of the affected provisions with you with a view toward effecting the purpose of this contract. In this case, the validity and enforceability of the remaining provisions shall not be affected.     

LIMITATIONS ON WARRANTY AND DAMAGES: HE ELECTRICITY AND NATURAL GAS PROVIDED UNDER THIS CONTRACT WILL MEET THE QUALITY STANDARDS OF YOUR UTILITY. YOU UNDERSTAND AND AGREE THAT THERE ARE NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, ASSOCIATED WITH THE SERVICE PROVIDED BY US. WE HAVE NO LIABILITY FOR SERVICE INTERRUPTIONS NOR ANY ASSOCIATED LOSS OR DAMGAGE RESULTING FROM SUCH INTERRUPTIONS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIABILITIES NOT EXCUSED BY REASON OF FORCE MAJEURE OR OTHERWISE SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES. WE WILL BEAR NO LIABILITY TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMGAGES OR LOST PROFITS. THE LIMITATIONS IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES ARE WITHOUT REGARD TO THE CAUSE OR CAUSES OF THE HARM OR LOSS, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE.      

ARBITRATION AND WAIVER OF JURY TRIAL: TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THIS CONTRACT, SHALL BE FINALLY RESOLVED 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 IN NEW YORK SMALL CLAIMS (“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, OTHER THAN IN SMALL CLAIMS 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 REMAINING PORTIONS OF THIS ARBITRATION PROVISION WILL REMAIN IN FORCE. 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.   

Other Provisions: This contract can change based on any future legislation, orders, rules, regulations or your local utility tariff or policy changes. This contract is made and shall be construed in accordance with the laws of the State of New York. There are no third party beneficiaries to this contract. This contract is binding upon us and you, as well as any successors or legal assigns. Failure to exercise any right we have under this contract should not be considered as a waiver of the right to exercise any such right at a later date. The headings and Summary of Important Information chart in this contract are for reference only and do not affect the interpretation of this contract.     

EPH-NY-V02-20140910   
 
 

New York State Public Service Commission
Your Rights as an Energy Services Company Consumer
ESCO Consumers Bill of Rights

Customers can purchase energy from an Energy Services Company (ESCO) or from a traditional utility. If you choose to purchase energy from an ESCO you are entitled to:

- price and all variable charges or fees;
- length of the agreement;
- terms for renewal of the agreement;
- cancellation process and any early termination fees, which are limited by law; and
- conditions, if any, under which the ESCO guarantees cost savings.


If you are a residential customer you are also entitled to the rights and protections of the Home Energy Fair Practices Act (HEFPA) which requires that all utility customers be treated fairly with regard to application for service, customer billing, and complaint procedures. For more information go to http://www.dps.ny.gov/resright.html.

ESCOs that do not assure these consumer rights could lose their eligibility to provide service in New York. Please report any complaints to the Department of Public Service at 1-800-342-3377 (8:30 am – 4:00 pm), by mail at Office of Consumer Services, NYS Department of Public Service, 3 Empire State Plaza, Albany, NY 12223, or online at http://www.dps.ny.gov.

You can find more information about your energy alternatives by visiting: www.askpsc.com.

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