ENERGY PLUS TERMS OF SERVICE FOR 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.
Summary of Important Information
Length of Your Commitment
Price for Your Electricity
You'll receive a promotional electricity 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.
Your Right to Rescind
You have 7 calendar 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.
A. Important Information
Length of Your Commitment: Month-to-Month. We will begin providing service to you at the point of “Enrollment Acceptance”, which is after your utility processes our request to switch your service. The switch will not occur before the expiration of your “Right to Rescind” period. Typically, we send our request to switch your service to the utility within three (3) business days following your application with us; however, we may hold our request for the purpose of resolving questions related to enrollment data or as needed for us to complete set up with processing vendors or your utility. Our service will continue until either of us cancels the contract.
Price: You will receive a promotional price for your first three billing cycles with us.
For Your Electricity: The promotional electricity supply price you will receive during your first three billing cycles with us will be stated in your Welcome Confirmation. For your reference, our prices include generation and transmission charges, but they do not include any utility delivery charges or other utility fee or charge for which you will also be billed. If you enrolled in a plan with a percentage of green power, your price includes the cost for us to purchase Renewable Energy Certificates. Environmental disclosure information is provided at our website and is incorporated by reference into this contract. The specific web address is: www.energypluscompany.com/ohenvironment. We will make our required annual projection and quarterly comparisons of actual to projected data electronically on our website and we will also provide the information via mail upon request.
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. The promotional natural gas supply price works differently than the promotional electricity supply price because it may change for each of your first three billing cycles in order to stay 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 supply and transportation charges, 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. Any change may occur no more frequently than monthly. 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 and natural gas supplier, the request to switch you to our service will automatically cancel your service with the other electricity and natural gas supplier. You are responsible for any penalties the other electricity and natural gas supplier may charge.
Right to Rescind: You have the “Right to Rescind” this contract for seven (7) calendar 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 confirmation notice from your utililty company, and you will have until midnight of the seventh calendar day after receipt of the confirmation notice to rescind this contract by contacting us at the telephone number or email address listed below. For current customers, 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 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. The account(s) you cancel with us will be returned to your utility unless you enrolled for service with another electric supplier for energy supply services. It may take up to two (2) billing cycles for your account(s) to be returned to your utility or switched to another supplier. Switching fees may apply under your utility’s tariff, but we will not separately charge a switching fee. If you voluntarily return to your utility supply service, you may not be served under the same rates or terms and conditions that apply to other customers served by your utility. 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.
If you are moving, please contact us as well as your utility to ensure a smooth transition of your service. You have the right to cancel this contract without penalty if you relocate outside your current utility’s service territory or if you relocate within your current utility’s service territory, but your current utility does not allow portability of the contract. This contract will be automatically cancelled, without penalty, if the requested service location is not served by the utility, if you move outside the utility service area or to an area not serviced by us; or if we return you to your utility, subject to the provisions described in this contract.
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. We have the right to cancel the contract on at least fourteen days written notice if you fail to pay the utility bill or fail to meet any agreed-upon payment arrangements. 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 contract will terminate if any of the following occurs: (1) the requested service location is not served by your local utility; (2) you move outside of your utility service area or to an area we do not service; or (3) we return your service to your local utility.
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. We will not disclose your social security number and/or account number(s) without your consent except for our own collections and credit reporting, participation in programs funded by the universal service fund, or if necessary to assign your contract to another provider.
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. Failure to make full payment may be grounds for disconnection from your utility as it describes in its tariffs. We do not offer budget billing, but your utility may offer you budget billing or other payment plans.
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. You have the right to request up to twenty-four (24) months of payment history without charge from us, twice within a twelve month period.
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 as filed with the Ohio Department of Taxation 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.
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 your complaint is not resolved after you have called us you may contact the public utilities commission of Ohio (PUCO) for assistance at 1-800-686-7826 (toll free) from eight a.m. to five p.m. weekdays, or at http://www.puco.ohio.gov. The Ohio consumers' counsel (OCC) represents residential utility customers in matters before the PUCO. The OCC can be contacted at 1-877-742-5622 (toll free) from eight a.m. to five p.m. weekdays, or at http://www.pickocc.org
We are certified by the Public Utilities Commission of Ohio (PUCO) and our electric certification number is 11-341E and our natural gas certification number is 11-222G.
Internet address: www.energypluscompany.com
Mailing address: P.O. Box 38815, Philadelphia, PA 19104
Email address: email@example.com
Telephone number: 1-866-698-0912
Available Monday through Friday 9:00 a.m. to 5:30 p.m. ET (subject to change)
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.
Dominion East Ohio
Telephone number: 1-877-542-2630
Duke Energy Ohio
Electric Telephone number: 1-800-543-5599
Natural Gas Telephone number: 1-800-634-4300
Columbia Gas of Ohio
Telephone number: 1-800-282-0157
PUBLIC UTILITIES COMMISSION OF OHIO:
Internet address: http://www.puco.ohio.gov
Mailing address: 180 East Broad Street, Columbus, OH 43215
Telephone number: 1-800-686-7826 (8 a.m. – 5 p.m., weekdays)
The Ohio consumers’ counsel (OCC) represents residential utility customers in matters before the PUCO.
OCC CONTACT INFORMATION:
Internet address: http://www.pickocc.org
Telephone number: 877-742-5622 (8 a.m. – 5 p.m., weekdays)
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: THE ELECTRICITY 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 SMALL CLAIMS DIVISION OF THE MUNICIPAL AND COUNTY COURTS OF OHIO (“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 Ohio. 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.