ENERGY PLUS HOLDINGS LLC
TERMS OF SERVICE - VARIABLE PRICE PRODUCTS
Spanish Language (Idioma Espanol)
Esta información está disponible en Español. Por favor llame a Energy Plus al (877) 710-5550.
Contact Information:
Website: www.energypluscompany.com
Mailing address: Energy Plus Holdings LLC, PO Box 38815, Philadelphia, PA 19104
Toll-free Customer Service telephone number: (877) 710-5550
Customer Service hours: Monday – Friday; 8:00 a.m. - 4:00 p.m. CT (24-hour automated phone service)
Email address: txsupport@energypluscompany.com
Fax: (866) 857-8014
24 Hour Service Outage Reporting (Toll Free):
Please contact the Transmission and Distribution Service Provider (TDSP) for your area, as listed below:
AEP TEXAS NORTH and AEP TEXAS CENTRAL: (866) 223-8508
CENTERPOINT ENERGY: (800) 332-7143
SHARYLAND UTILITIES: (866) 354-3335
TEXAS-NEW MEXICO POWER: (888) 866-7456
ONCOR: (888) 313-4747
Right of Rescission: If you are switching your electric service to Energy Plus from another REP, you have the right to rescind your Agreement with Energy Plus without any exit fee or penalty of any kind within three (3) federal business days of receiving this Agreement document. To do so, you may call us at (877) 710-5550, fax us at (866) 857-8014, or email us at txsupport@energypluscompany.com. Please provide your name, address, phone number, and ESI ID. In the event of untimely notice of rescission from a customer, the customer has the right to switch to another REP and can do so by contacting that REP directly, but the customer will be responsible for charges for services provided by Energy Plus until the time the switch is made. This right to rescind does not extend to service requests for establishing electric service at a new location, also known as a “move-in”. Requests to cancel electric service for move-ins will be processed in accordance with the Electric Reliability Council of Texas (ERCOT) market guidelines, and you are responsible for payment of all electricity service charges incurred through the date upon which the TDSP effectuates the cancellation.
Customer Information: Unless you choose to opt-out of the release of such information at the time your order is verified, by entering into this Agreement, you give us the right to use any information that we think we will need or find helpful to provide the best possible electric service, which may include, but is not limited to, your address, phone number, account numbers, historical usage data, payment and credit history and other information, whether from you, your TDSP or current REP. Energy Plus may share information about your account with any designated rewards partner to the extent necessary to administer the rewards program consistent with the privacy policy of Energy Plus. We reserve the right to share information with our affiliates, to the extent permitted by law, but we will not distribute 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 the terms of this Agreement or allow you to receive the rewards described in the enrollment authorization.
Eligibility, Credit, and Deposits: Energy Plus will determine eligibility and whether or not a deposit is required in compliance with Substantive Rules §25.477 and §25.748 of the Public Utility Commission of Texas (PUCT). You may be determined to be ineligible on the basis of your service class or electricity usage. Energy Plus may use credit reporting agencies and other criteria to document and evaluate your credit and/or payment history. If you do not meet our credit standards or cannot demonstrate satisfactory credit as defined in Substantive Rule 25.478 of the PUCT rules, Energy Plus may require a deposit from you. You may demonstrate satisfactory credit and will not be required to pay an initial deposit if (i) you are at least 65 years of age and you do not have a delinquent balance with your current REP; or (ii) if you have been a victim of family violence and can provide a certification letter pursuant to PUCT Substantive Rule §25.478(a)(3)(D). The PUCT rules may be found at: http://www.puc.state.tx.us/rules/subrules/electric/index.cfm.
If you are required to pay a deposit that exceeds fifty dollars ($50) and if you qualify for the LITE-UP rate reduction program, you may be permitted to pay your deposit in two equal installments. Please contact Energy Plus for further information if you believe you may be eligible for one or more of these options. Energy Plus may require an additional deposit from an existing customer if the average of the customer’s actual billings for the previous twelve (12) months is at least twice the amount of the original average of the estimated annual billings and a termination or disconnection notice has been issued for the account or the account was terminated or disconnected within the preceding twelve (12) months. If Energy Plus requires an initial or additional deposit from you, Energy Plus may disconnect electric service and terminate this Agreement if the deposit is not paid within ten (10) days of the written request, provided that Energy Plus issued you a written disconnection notice. A disconnection notice may be combined with or issued concurrently with a written request for a deposit.
The total amount of all deposits required shall not exceed an amount equivalent to the greater of one-fifth of the estimated annual billing for electric service or the sum of the estimated billings for electric service for the next two (2) months. The estimated billing for initial deposits is based on a reasonable estimate of the average usage for the applicable customer class. After twelve (12) months of service with Energy Plus, you may request that Energy Plus recalculate the required deposit based on actual historical usage. The estimated billing for deposits from existing customers is based on the customer’s actual historical usage, to the extent that it is available. If Energy Plus holds a deposit for thirty (30) days or longer, the deposit will accrue interest at an annual rate approved by the PUCT. At a minimum, payment of any accrued interest will be made annually, upon your request, or at the time the deposit is returned or credited to your account. A deposit and any accrued interest will be refunded as a credit to the electric bill after all bills are fully paid for twelve (12) consecutive months with no late payments. Energy Plus will also refund deposits and accrued interest, less any outstanding balance owed for electric service, upon closing of the applicable account with Energy Plus.
Term & Renewal: The “Initial Term” under this Agreement will begin when the TDSP reads your meter sometime within seven (7) days of your enrollment with Energy Plus and will continue until the end of your first billing cycle when the TDSP reads your meter on its regularly scheduled date, which may be a period that is less than one month. Your service will automatically renew on a month-to-month basis until terminated either by you or Energy Plus. Meter reads are performed by your TDSP; therefore, Energy Plus is not liable for any resulting delay in commencement of service nor is it able to specify a specific date for the commencement of such service.
Termination:
By Customer: If acustomer is being served on a month-to-month basis, if a customer moves to another location and provides evidence that he or she is moving, or if Energy Plus notifies the customer of a material change in the terms and conditions of this agreement as discussed in the Material Change section of the Agreement, the customer has the right to terminate this Agreement at any time without incurring a fee. To terminate this Agreement after the rescission period described above, you may call or fax us at the contact numbers provided above. If your termination requires an early meter read by your TDSP, you will be charged a fee established by the TDSP. Regardless of the method or reason for termination of the Agreement, you are responsible for payment of all outstanding charges incurred through the date on which the termination is effectuated by the TDSP.
By Energy Plus: If we decline to renew this Agreement or if your electric service is disconnected for non-payment, Energy Plus may terminate this Agreement without penalty, after providing proper notice. In the event of service disconnection, you may apply to reenroll for electric service with Energy Plus under the terms of service of another electric service plan for which you may be eligible or contact another REP or Provider of Last Resort directly to have your electric service reestablished. Before a returning customer who owes Energy Plus any past due amounts will be accepted for service, that customer shall pay all such past due amounts in addition to any required deposit amount.
Pricing and Billing: Current pricing for your Initial Term of service is set forth in the EFL. The price shown on the EFL does not include any taxes, non-recurring fees charged by the TDSP serving you, or other Energy Plus nonrecurring service fees identified in this Agreement. If nonrecurring fees are charged, they will be listed separately on your bill. Non-recurring TDSP fees will be based on the TDSP’s tariff for retail delivery service as approved by an appropriate regulatory authority and may change during the term of this Agreement if a regulatory authority approves changes in such fees. The Energy Plus price may be adjusted by Energy Plus on a daily basis without further notice to you following the Initial Term.
You will receive a monthly bill from Energy Plus. You acknowledge that Energy Plus’ ability to invoice you is dependent upon the TDSP’s or ERCOT’s ability to furnish Energy Plus with all necessary information, including meter readings. Your bill may be based upon estimated usage and TDSP pass-through charges if we are unable to bill you based upon actual meter read data due to the failure of the TDSP to timely obtain or transmit a meter reading or an invoice for pass-through charges. In those situations, consistent with the PUCT’s rules, Energy Plus may include in a subsequent bill, adjustments related to previous billings, previous billing errors, meter read errors, miscalculation of taxes or other errors or omissions, and you may be subject to disconnection after three (3) consecutive months of estimated meter readings.
The Energy Plus total energy charge, TDSP delivery charges, taxes (including but not limited to gross receipts tax and PUCT assessment fees and taxes), non-recurring fees or credits assessed by the TDSP or Energy Plus, and any additional charges, fees, or credits will appear as separate items on your bill. TDSP delivery charges include all charges of any kind imposed or authorized to be collected by the TDSP or any other transmission or distribution provider under any law or otherwise for, or related to, electricity transmission and distribution and related services, including but not limited to, "network transmission charges," variable demand charges, and nonbypassable charges. Demand charges aremeasurements of the rate at which you use energy and will be assessed on a month to month basis according to your KW as reported by the TDSP. Nonbypassable charges include system benefit fund fees, and any competition charges, transition charges and/or similar charges associated with or resulting from, the opening of the electric market in Texas, including recovery of stranded costs.
Examples of non-recurring TDSP charges include those arising from a move-in or switch, such as new service initiation fees, connection, disconnection, or reconnection fees, fees for any meter reading performed outside the normal cycle, and fees such as meter tampering charges. The table below includes examples of the amount of non-recurring TDSP charges incurred as a result of a move-in or switch. Actual charges may vary due to changes in TDSP tariffs. These tariffs can be viewed at: http://www.puc.state.tx.us/electric/rates/TDR.cfm.
| AEP Central | AEP North | Centerpoint | Oncor | Sharyland | TNMP | |
| Standard Move-In | $16.00 | $11.00 | $16.00 | $3.20 | $21.00 | $54.00 |
| Priority Move-In | $26.00 | $19.00 | $36.00 | $10.35 | $51.00 | $79.00 |
| Off-Cycle Meter Read | $7.00 | $4.00 | $5.00 | $1.90 | $18.00 | $27.00 |
Non-recurring Energy Plus fees may include a zero dollar ($0) sign-up fee, a zero dollar ($0) monthly service fee, a zero dollar ($0) cancellation fee, a two dollars and ninety five cents ($2.95) pay-by-phone fee, a zero dollar ($0) fee for additional bill copies, credit reference letters or summary billing upon your request, a twenty five dollar ($25) returned check fee, a late fee equal to up to five percent (5%) of the month’s past-due amount,a zero dollar ($0) third-party payment fee, a twenty five dollar ($25) disconnection fee, or a twenty five dollar ($25) reconnection fee. There are no charges for recurring bank drafts or recurring credit/debit card transactions. You will be responsible and indemnify us for any and all Taxes. "Taxes" means all federal, state and local taxes, fees, governmental charges, and assessments presently or hereafter imposed on you as the purchaser of electricity, on us as seller of electricity, or on electricity sales transactions, including gross receipts taxes, municipal administrative fees, and generation, utility, TDSP, regulatory, BTU or electricity taxes and assessments. 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 Energy Plus.
Payments: All bills are due and payable sixteen (16) days after the billing date on your invoice. Bills shall be deemed past due and delinquent at the close of business on the day the bill is due. Late payments, delinquent or past due balances may result in a one-time late fee as outlined above. Failure to pay a bill may result in disconnection of your electric service and termination of this Agreement after Energy Plus provides proper notice. If you fail to pay the amount due, Energy Plus may use consumer reporting agencies, debt collection agencies, small claims court, or other legal remedies allowed by law to collect the amount owed. To the extent allowed by law, you agree to pay reasonable fees and expenses (including attorney’s fees, collection fees, court costs, and interest) that we incur in the collection process.
Bill Payment Options & Programs: Energy Plus has a variety of bill payment options available. You may pay your bill via mail at Energy Plus, P.O. Box 66086, Dallas, TX 75266-0861 or by phone at (877) 710-5550. Low income energy assistance, energy efficiency, bill payment assistance, and rate reduction programs are available to customers who have severe financial hardships and temporarily may be unable to pay their bills. Please call us if you anticipate having difficulty paying your bill by the due date. For details on all bill payment options and assistance programs available, please call us at the phone number provided above.
Deferred Payment Plans: Energy Plus offers a Deferred Payment Plan which allows a residential customer to pay an outstanding balance in installments over a period of time. To enroll in a Deferred Payment Plan Energy Plus may require from you an initial payment of 50% of the outstanding balance on your account and for the remaining balance to be paid over five billing cycles. Your service may be terminated and disconnected if you do not meet the terms of the Deferred Payment Plan issued to you. You may request a deferred payment plan for bills that become due during extreme weather emergencies, during governor-declared disasters as directed by the Texas Public Utility Commission, or if you have been underbilled by $50 or more.
You may also request a deferred payment plan for bills that become due in July, August or September (or in January or February in certain situations) if you are receiving the LITE-UP (low-income) discount, are designated as a Chronic Condition or Critical Care Residential Customer, or if you cannot pay your bill on time unless (i) you have been disconnected for non-payment during the previous twelve (12) months, (ii) have made more than two payments during the previous twelve (12) months that were returned due to insufficient funds available or, (iii) you have received service from Energy Plus for less than three (3) months and you lack sufficient credit or a satisfactory history of payment for electric service from a previous retail electric provider. If you are on a deferred payment plan, your account will be subject to a switch-hold. A switch-hold means that you will not be able to buy electricity from other companies until you pay the total deferred balance. The switch-hold will be removed after your deferred balance is paid. While a switch-hold applies, if you are disconnected for not paying, you will need to pay us to get your electricity turned back on.
Average Billing Plan: Energy Plus offers an average billing plan. With this plan your monthly payment will be based on the historical usage associated with your account. Your monthly payment amount may be adjusted quarterly based on your actual usage. We will notify you of any change in your average payment amount. Energy Plus will reconcile your account at least annually and may charge or credit your account based on any difference between actual usage charges and payments received under the average billing plan. This program is available to any customer who is not currently delinquent in payment to Energy Plus and any residential customer eligible to receive the LITE-UP discount. In the event the Agreement is canceled or terminated or your electric service is disconnected, the level or average billing option does not affect your obligation to pay for all actual usage.
Energy Plus also offers assistance through LITE-UP, a low income electric discount program available during summer months. Low-income customers eligible for the LITE-UP Texas discount can apply at http://www.puc.state.tx.us/ocp/assist/liteup/index.cfm or by calling toll-free 1-866-454-8387. Information on additional bill payment assistance programs is available from the Texas Department of Housing and Community Affairs website under Energy Assistance located at http://www.tdhca.state.tx.us/ea/index.htm.
Disconnection for Non-Payment, Service Suspension, and Related Fees: Non-payment of your Energy Plus bill may result in the assessment of a late fee as outlined above and ultimately, may cause Energy Plus to authorize disconnection of your electric service. Energy Plus will notify you at least ten (10) calendar days prior to disconnection of your electric service and termination of this Agreement for non-payment. If payment of your past-due balance is not received by the earliest disconnection date stated in the disconnection notice and an electric service disconnection transaction has been processed by Energy Plus, your account may be charged a disconnection fee as outlined above regardless of whether your electric service is actually disconnected. In the event of a returned check, your attempt to make payment will not affect any pending disconnection transaction and you may be charged a returned check fee in addition to a disconnection fee as outlined above.
If you do not pay your past-due balance within five (5) days of your service being disconnected, your account may be deactivated, and in addition to being responsible for paying any outstanding fees and charges, you may be required to reapply for service and pay a new deposit. These fees are in addition to those disconnection and reconnection fees that may be assessed by your TDSP. Disconnection of your electric service from Energy Plus will not excuse you from paying any outstanding amounts owed to Energy Plus. Energy Plus may disconnect your service with or without prior written notice for any of the reasons stated in Substantive Rule 25.483 of the PUCT’s rules (http://www.puc.state.tx.us/rules/subrules/electric/index.cfm).
Discrimination: Energy Plus will not discriminate, deny service, or require a prepayment or deposit for service based on a customer’s race, creed, color, national origin, ancestry, sex, marital status, lawful source of income, level of income, disability, familial status, location in an economically distressed geographic area, or qualification for low income or energy efficiency services. For residential customers, Energy Plus will not use a credit score, a credit history, or utility payment data as the basis for determining the price for electric service for a product with a contract term of twelve (12) months or less.
Material Change: Energy Plus will provide you with at least fourteen (14) calendar days advance written notice of any material change in these Terms of Service, either in your bill or in a separate mailing. If you do not wish to accept the changes described in the notice, you may terminate your service with Energy Plus without penalty; otherwise, the changes will become effective on the date stated in the notice. After the Initial Term expires, this Agreement will continue as a month-to-month variable price agreement and the price may be adjusted at the sole discretion of Energy Plus. After the initial term, a change in the Energy Plus price is not considered a material change and you will not be notified of such changes. The requirement to provide notice also does not apply to material changes that are beneficial to you or that are mandated by a regulatory agency.
Change in Law or Regulation: In the event that there is a change (including changes in interpretation) in law, regulation, rule, ordinance, order, directive, filed tariff, decision, writ, judgment, or decree by a governmental authority or ERCOT, including, without limitation, TDSP tariffs and ERCOT Protocols (including, without limitation, those affecting any fees, costs, or charges imposed by ERCOT), market rules, changes in load profiles, or nodal and zonal definitions, and such changes result in Energy Plus incurring additional costs and expenses in providing the services contemplated herein, these additional costs and expenses shall be your responsibility and they will be assessed in your monthly bills for service as additional pass-through charges.
FORCE MAJEURE: ENERGY PLUS WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE YOUR ELECTRIC SERVICE, BUT ENERGY PLUS DOES NOT GUARANTEE A CONTINUOUS SUPPLY OF ELECTRICITY. EVENTS THAT ARE OUT OF ENERGY PLUS’ CONTROL (FORCE MAJEURE EVENTS) MAY RESULT IN INTERRUPTIONS IN SERVICE. ENERGY PLUS WILL NOT BE LIABLE FOR ANY SUCH INTERRUPTIONS. ENERGY PLUS DOES NOT GENERATE YOUR ELECTRICITY, NOR DOES ENERGY PLUS TRANSMIT OR DISTRIBUTE ELECTRICITY TO YOU. THEREFORE, YOU AGREE THAT ENERGY PLUS IS NOT LIABLE FOR DAMAGES CAUSED BY FORCE MAJEURE EVENTS, INCLUDING, BUT NOT LIMITED TO, ACTS OUTSIDE OF ENERGY PLUS’ CONTROL, ACTS OF GOD, ACTS OF ANY GOVERNMENTAL AUTHORITY, INCLUDING THE PUCT OR ERCOT, ACCIDENTS, REQUIRED MAINTENANCE WORK, INABILITY TO ACCESS THE TDSP OR ERCOT SYSTEM, NONPERFORMANCE OF THE TDSP OR ERCOT, DELAY OF DEREGULATION OR CHANGES IN LAWS, RULES, REGULATIONS, PRACTICES OR PROCEDURES OF ANY GOVERNMENTAL AUTHORITY OR ERCOT, OR ANY CAUSE BEYOND ENERGY PLUS’ CONTROL. IF A FORCE MAJEURE EVENT OCCURS WHICH RENDERS ENERGY PLUS UNABLE TO PERFORM IN WHOLE OR IN PART UNDER THIS AGREEMENT, ENERGY PLUS’ PERFORMANCE UNDER THIS AGREEMENT SHALL BE EXCUSED FOR THE DURATION OF SUCH EVENT. ENERGY PLUS WILL GIVE YOU REASONABLY PROMPT AND DETAILED NOTICE OF ANY FORCE MAJEURE EVENT.
LIMITATIONS OF LIABILITY:
Unless otherwise expressly provided herein, Energy Plus’ aggregate liability arising out of or related to this Agreement shall not exceed the amount of your largest monthly invoice for electric service during the twelve (12) months immediately preceding termination of this Agreement. The Parties agree to the extent permitted by law that the statute of limitations with respect to all claims arising out of or related to this Agreement shall be reduced to the greater of (x) two years from the event giving rise to the claim or (y) the minimum period permitted by law and any action not brought within such time period shall be barred without regard to any other limitations period. TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT WHEN A REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY HEREIN PROVIDED, ENERGY PLUS’ LIABILITY SHALL BE LIMITED TO ONLY THE DIRECT ACTUAL DAMAGES AND SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED INCLUDING, BUT NOT LIMITED TO, ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE. TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OTHERWISE OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THE LIQUIDATED DAMAGES CONSTITUTE A REASONABLE APPROXIMATION OF THE HARM OR LOSS.
REPRESENTATIONS AND WARRANTIES: The electricity sold under this Agreement will meet the applicable TDSP’s quality standards and will be supplied from a variety of sources. ENERGY PLUS MAKES NO REPRESENTATIONS OR WARRANTIES OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT, AND ENERGY PLUS EXPRESSLY DISCLAIMS AND NEGATES ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUSTOMER HEREBY WAIVES ITS RIGHTS UNDER ANY APPLICABLE CONSUMER PROTECTION LAWS.
Assignment: You may not assign this Agreement, in whole or in part, or any of your rights or obligations hereunder, without the prior written consent of Energy Plus and any attempted assignment shall be void. Energy Plus may, without your consent: (a) transfer, sell, pledge, encumber or assign this Agreement or the accounts, revenues or proceeds hereof in connection with any financing or other financial agreement; (b) transfer or assign this Agreement to an affiliate of Energy Plus; (c) transfer or assign this Agreement to any person or entity succeeding to all or substantially all of the assets of Energy Plus; and/or (d) transfer or assign this Agreement to a certified REP. Upon any such assignment, customer agrees that Energy Plus shall have no further obligations hereunder.
Governing Law: This Agreement shall be governed by and construed, enforced and performed in accordance with the laws of the State of Texas.
Application of the UCC: THE PARTIES AGREE THAT TO THE MAXIMUM EXTENT POSSIBLE UNDER LAW, ARTICLE 2 OF THE UNIFORM COMMERCIAL CODE SHALL APPLY TO ENERGY SOLD HEREUNDER AND IF ANY TOPIC OR MATTER ADDRESSED HEREIN IS ALSO ADDRESSED IN SUCH ARTICLE 2, THEN THIS AGREEMENT SHALL CONTROL AS TO SUCH TOPIC OR MATTER. CUSTOMER HEREBY WAIVES ANY RIGHTS IT MAY HAVE PURSUANT TO SECTION 2-609 OF THE UCC, OR ANY OTHER SIMILAR DOCTRINE UNDER LAW OR STATUTE WHEREBY CUSTOMER MAY DEMAND ADEQUATE ASSURANCE OF PERFORMANCE FROM ENERGY PLUS.
Miscellaneous: This Agreement as defined is subject to applicable laws and supersedes any previous promises, understandings and agreements. No amendment, modification or change herein shall be enforceable unless reduced to writing. If a provision of this Agreement is deemed to be invalid, illegal or otherwise unenforceable, we agree that it shall be modified to the minimum extent necessary to render it valid, legal and enforceable. If such a provision cannot be modified in a manner that would make it valid, legal and enforceable, such provision shall be severed from this Agreement, and all other provisions shall remain in full force and effect. Any failure on the part of Energy Plus at any time to enforce any term or condition of our service or to exercise any right under this Agreement shall not be considered a waiver of our right thereafter to enforce each and every such term and condition or to exercise such right or any other right under this Agreement. There are no third party beneficiaries to this Agreement.
VERSION: TOS_February_2014