TruSmart Energy Smart PrePay TERMS OF SERVICE AGREEMENT

Transcription

1 TruSmart Energy Smart PrePay TERMS OF SERVICE AGREEMENT Welcome to TruSmart Energy ( TruSmart Energy )! We are glad that you have chosen dpi Energy LLC d/b/a TruSmart Energy to serve as your retail electric provider ( REP ). This Terms of Service ( TOS ) document explains the terms and conditions that govern your electric service with TruSmart Energy. This TOS together with your enrollment documentation, if any, your Electricity Facts Label ( EFL ), your Prepaid Disclosure Statement ( PDS ) and the Your Rights as a Customer ( YRAC ) document form your Contract for electric service with TruSmart Energy. You and Your as used in the Contract means you, our customer. By accepting electric service from TruSmart Energy, you have agreed to be bound by the terms of your Contract. FOR OUTAGES AND EMERGENCIES 24 HOURS, 7 DAYS A WEEK ONCOR Service Area: CENTERPOINT Service Area: AEP TEXAS Service Area: TNMP Service Area: TruSmart Energy Contact Information: Customer Service: 855-TRU-SMART Monday - Friday 8:00 am 7:00 pm CST Saturday 8:00 am 2:00 pm CST Mailing Address: 3100 Richmond Avenue, Suite 405 Houston, TX Website: SmartSupport@TruSmartEnergy.com Smart PrePay Eligibility. In order to receive Smart PrePay electric service, your service location must have a provisioned Advanced Metering Systems ( AMS ) meter installed. Additionally, you must establish and maintain either an account or a text-enabled cell phone in order to receive account information. Smart PrePay electric service is not available to customers who are designated as a Critical Care Residential Customer or Chronic Condition Residential Customer by their Transmission and Distribution Utility ( TDU ). Pricing. The EFL provides details about the Smart PrePay product, which is a variable price product. The average price per kilowatt hour ( kwh ) includes the applicable Energy Charge, the daily Base Charge (for thirty (30) days) and all existing recurring charges (including transmission and distribution utility charges), but does not include non-recurring fees, taxes, or the Miscellaneous Gross Receipt Tax reimbursement. The Energy Charge and/or the daily Base Charge are subject to change with each service term (i.e., each time you make a payment) at the sole discretion of TruSmart Energy; a change in the Energy Charge and/or the daily Base Charge does not constitute a material change of the delivery of electric service by TruSmart Energy. Fees. TruSmart Energy may impose the following fees for services provided to you: payment transaction fee of $1.95, Summary of Usage and Payments ( SUP ) fee of $2.95 (paper copy only), disconnection fee of $10.00, reconnection fee of $10.00, expedite fee up to $40.00, insufficient funds fee up to $35.00, and/or any other fees assessed to TruSmart Energy by third parties (including, but not limited to, ERCOT, the Public Utility Commission of Texas ( PUCT ), or your TDU). Contract Term. This is a pre-pay Contract which you may cancel at any time. (See Service Termination below for details.) Your service under this Contract begins with the TDU assigns TruSmart Energy as your REP of record following the completion of your enrollment with TruSmart Energy, provided that you have established a Connection Balance (as defined in your PDS), and will continue until the electricity purchased with your initial payment is consumed. Your Contract will continue for additional service terms so long as you continue to make any additional payment(s) and consume electricity. If you fail to make any additional payment(s), this Contract (and your electric service) will be terminated. Your Right To Cancel. If you have switched to TruSmart Energy from another REP, you may exercise your right of rescission to cancel your Contract, without penalty or fee, by contacting us at the address or phone number at the top of this document within three (3) federal business days of receiving this TOS. The right of rescission does not apply a move-in. Service Termination. You may cancel your Smart PrePay Contract without penalty at any time by simply declining to make further payments or by switching to another REP. Upon receiving a final meter reading for your service location, TruSmart Energy will automatically refund any remaining balance of $5.00 or more by mailing a check to the mailing address listed on the account or to an address that you specify. Balances under $5.00 are refundable upon request. TruSmart Energy may terminate your electric service and your Contract if your service remains disconnected for a period of more than fourteen (14) days OR by giving you fourteen (14) days notice of intent to terminate. If your electric service and Contract are terminated by TruSmart Energy, all amounts owed by you to TruSmart Energy shall become immediately due and payable; your payment obligation to TruSmart Energy will continue until you have paid all amounts due. If you fail to pay all amounts due and we refer your outstanding balance to an attorney or collection agent for collection, or file a lawsuit, or collect your outstanding balance through probate, bankruptcy or other judicial proceedings, then you agree to pay all reasonable fees and expenses (including attorney fees) that we incur in the collection process. Billing and Payment; Disconnection for Non-Payment. In order to continue your service, you will be required to maintain an account balance above $10.00 (the Disconnection Balance"). Your usage will be recorded daily, and a dollar amount calculated at the rate per kilowatt hour ( kwh ) described in your EFL will be deducted from your current balance. You will not receive a monthly billing statement. Instead, you will be notified using the SPP-TOS PUCT#

2 TruSmart Energy Smart PrePay TERMS OF SERVICE AGREEMENT electronic contact means you provided starting three (3) days before your account balance is estimated to reach the Disconnection Balance. If you do not make an additional payment before your current balance reaches the Disconnection Balance, your electricity will be disconnected. (If your account balance current balance reaches the Disconnection Balance more quickly than expected, service may be disconnected as little as one day after you receive the low balance notification.) If your electricity is disconnected, you will be assessed a disconnection fee. You will be charged a Payment Transaction Fee whether you pay over the phone, over the internet, in person, or by mail. This fee will be deducted from your payment total. You may request a summary of usage and payment ( SUP ) detailing your metered electricity consumption and your payments by calling customer service. Disconnection of Service Without Prior Notice. TruSmart Energy has the right to disconnect your service without prior notice to you if i) there is attempted or actual theft of service, ii) there has been an attempt tamper with or bypass the TDU metering equipment, or iii) service has been reconnected without authority, or (iv) a known dangerous condition exists. If your TDU finds evidence of meter tampering at your premises, TruSmart Energy will pass through any TDU-imposed tampering charges to you. A tampering charge of up to $1000 may be applied to your current balance and a switch hold may be applied to your account preventing you from enrolling with another provider until the fee is paid. Reconnection. If your service is disconnected, and your account has a negative balance, you must pay off that amount in addition to the amounts disclosed below. In order to restart prepaid electric service, you must make a payment to establish a Connection Balance (as stated on your PDS). Assistance Paying Your Bills. Please call us if you anticipate having difficulty paying your bill. In certain circumstances based upon your qualifications and eligibility, you may be eligible for special payment arrangements, including the following: Deferred Payment Plan. A Deferred Payment Plan ( DPP ) is an agreement between you and TruSmart Energy that allows you to pay a negative current balance and Connection Balance over time. Upon your request, you are entitled to a DPP if: (i) your account reaches a negative balance of $50 or more during an extreme weather event as declared by ERCOT or other state authority; (ii) a state of disaster has been declared in your area by the Governor of Texas and the PUCT requires that DPPs be offered; or (iii) TruSmart Energy has underbilled your account by $50 or more for reasons other than theft of service. You may also be eligible for a DPP in other limited circumstances; please contact TruSmart Energy customer service for additional information. If you choose to enter a DPP, you must make an initial payment of no greater than 50% of the negative current balance and the Connection Balance (collectively the Deferred Balance ) and pay the remainder of the Deferred Balance in five (5) equal monthly installments. If you do not adhere to the terms of your DPP or if your current balance falls below the Disconnection Balance, excluding the remaining Deferred Balance, TruSmart Energy may disconnect your electric service. You may pay your Deferred Balance in full at any time without penalty. TruSmart Energy will confirm your DPP in writing. Please note that if you enter into a DPP, TruSmart Energy may apply a financial switch-hold until DPP is paid in full. A switch-hold means that you will not be able to buy electric service from another REP while the switch-hold is in place. Other. You may be eligible for payment assistance from various local assistance agencies. Contact or go to for a list of assistance agencies. Please note that some assistance agencies may not provide assistance to customers that use prepaid electricity service. You may also qualify for the LITE UP Texas discount, which offers a reduced rate for qualified customers. Call or contact the PUCT at for additional information about LITE UP Texas. Residential Critical Care or Chronic Condition Customers. TruSmart Energy does not provide pre-paid electric service to customers who are designated as a Critical Care Residential Customer or Chronic Condition Residential Customer by their TDU. If you or a person occupying the service location receives one of these designations after enrollment for Smart PrePay electric service, contact TruSmart Energy; we will work with you to establish non-prepaid electric service with TruSmart Energy (all eligibility requirements apply) or allow you to transition to the REP of your choice. Dispute Resolution and Complaints. Please refer to the YRAC. Anti-discrimination. TruSmart Energy will not 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 of a customer in an economically distressed geographic area, or qualification for low income or energy efficiency services. Additionally, TruSmart Energy 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 12 months or less. TruSmart Energy may refuse service for any other reason not prohibited by law. Material Changes in Terms of Service. TruSmart Energy will notify you at least 14 days prior to a material change in its Terms of Service. This may be provided with your usage summary, electronically or in a separate mailing. If the material change does not favor you, and if the new terms are not acceptable to you, you may terminate the contract within 14 days from the date that the notice is sent to you and no termination penalty shall apply; a termination penalty may apply if action is taken after the 14 days have expired. Note that establishing service with another REP may take up to seven business days. You cannot cancel if the changes SPP-TOS PUCT#

3 TruSmart Energy Smart PrePay TERMS OF SERVICE AGREEMENT favor the customer or are mandated by the PUCT or other regulatory agency. Assignment. You may not assign this Contract or any of the rights or obligations hereunder without the prior written consent of TruSmart Energy, which consent may be withheld or granted at the discretion of TruSmart Energy. We reserve the right to, without your consent but with notice to you, assign your contract to another REP in the event of an acquisition, merger, bankruptcy, or other similar event. any other right under this Contract. Obligations regarding indemnity, limitations of liability, and waivers will survive the termination of the contract indefinitely. THIS CONTRACT IS GOVERNED AND INTERPRETED BY THE LAWS OF THE STATE OF TEXAS. THE TEXAS UNIFORM COMMERCIAL CODE (which can be viewed at APPLIES TO THIS CONTRACT AND ELECTRICITY IS DEEMED A GOOD. Customer Information. By entering into this Contract, you authorize your TDU to release all information to TruSmart Energy that we need in order to provide you with electric service including, but not limited to, your address, phone number, account number, historical usage information, and previous payment history. Force Majeure. TruSmart Energy does not generate, transmit, or distribute your electricity. Events that are outside the control of TruSmart Energy ( Force Majeure Events ) may result in interruptions or irregularities in your electric service. YOU AGREE THAT TRUSMART ENERGY WILL NOT BE HELD LIABLE FOR ANY INTERRUPTIONS OR IRREGULARITIES IN YOUR ELECTRIC SERVICE RESULTING FROM FORCE MAJEURE EVENTS. YOU FURTHER AGREE THAT TRUSMART ENERGY WILL NOT BE HELD LIABLE FOR ANY DAMAGES OR CONSEQUENCES RESULTING FROM SUCH FORCE MAJEURE EVENTS. Limitations of Liability; Disclaimer of Warranty. LIABILITIES NOT EXCUSED BY REASON OF FORCE MAJEURE OR OTHERWISE SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES AND SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY. TRUSMART ENERGY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Miscellaneous. Your Contract constitutes the entire agreement between you and TruSmart Energy. This agreement supersedes any prior or contemporaneous agreements or representations. No modification shall be enforceable unless reduced to writing. Notwithstanding anything to the contrary, if any provision of this Contract is deemed to be invalid, illegal or otherwise unenforceable, you and TruSmart Energy agree that it shall be modified to the minimum extent necessary to render it valid, legal and enforceable. If any such provision cannot be modified in a manner that would make it valid, legal and enforceable, such provision shall be severed from this Contract, and all other provisions hereof shall remain in full force and effect. Any failure on TruSmart Energy s part at any time to enforce any term or condition of our service or to exercise any right under this Contract 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 SPP-TOS PUCT#

4 Prepaid Disclosure Statement (PDS) TruSmart Energy All Service Areas within ERCOT November 1, 2013 Important Notice Prepaid electric service means you purchase electricity before it is used. You will not receive a regular monthly bill. The continuation of electric service depends on you prepaying for service on a timely basis and if your current balance falls below the Disconnection Balance, your service may be disconnected with little notice. Prepaid service is not available to customers who are officially designated as a Critical Care Residential Customer or Chronic Condition Residential Customer. Some assistance agencies may not provide bill payment assistance programs to customers that use prepaid service. Additional information is provided. To open your prepaid account, you must make a payment to establish a connection balance of $34.00 (the Connection Balance ). The payment amount includes the a Payment Transaction Fee of $1.95 and Daily Base Charge (for your first day of service) of $0.39. Connection Balance: How do I start prepay service? After these fees are deducted, your account will have $31.66 available. Utility fees may also apply. The fees (if applicable) will be: Paid in addition to the costs of enrolling in the service. Subtracted from your account balance. Please contact TruSmart Energy at 855-TRU-SMART for more information about utility fees. TruSmart Energy can help you fill-in the worksheet below to determine the total amount due when enrolling in prepaid service. Connection Balance $ - Utility Fee $ Account Balance $ dpi Energy LLC d/b/a TruSmart Energy ( Richmond Avenue, Suite 405 Houston Texas TRU-SMART SmartSupport@TruSmartEnergy.com SPAY-VAR-PDS PUCT #10130

5 Fees: What other fees may I be charged? Making a Payment: How do I make a payment? TruSmart Energy has the following fees: Payment Transaction Fee: $1.95 (Applied when you make a payment to replenish your account.) Summary of Usage and Payments ( SUP ) Fee: $2.95 (Applied when you request a SUP to be mailed to you. No fee is charged to a SUP to you.) Disconnection Fee: $10.00 (Applied when your service is disconnected for non-payment). Service Expedite Fee: up to $40.00 (Applied when requested an expedited Move-In to initiate service). Insufficient Funds Fee: $35.00 (Applied when a check payment is returned for insufficient funds). Fees charged are subtracted from your account balance. Making Payments: Debit Card and Credit Card o TruSmart Energy customer service: 855-TRU-SMART (Monday - Friday 8:00 am 7:00 pm CST Saturday 8:00 am 2:00 pm CST) o On the web at o TruSmart Energy automated payment: 855-TRU-SMART (24 hrs/day, 7 days/week). Debit Card, Credit Card, Cash, or Check Please visit to search for an authorized payment center near you. Some payment centers may charge a convenience fee. A Payment Transaction Fee of $1.95 will be charged each time you replenish your account balance regardless of payment method. Payments made to TruSmart Energy by sending a check or going to a payment center that is not listed on will not be accepted by TruSmart Energy. If for some reason your payment is processed, you agree and acknowledge that there will be a delay in posting the payment to your account. If your account balance falls below the Disconnection Balance, TruSmart Energy may disconnect your service. Electricity Payment Assistance: Will payment assistance be available to me? Do I have to verify payments? No, but TruSmart Energy recommends that you call 855-TRU-SMART to verify any payment made through a third party. If you qualify for low-income status or low-income assistance, have received energy assistance in the past, or you think you will be in need of energy assistance in the future, you should contact the billing assistance program to confirm that you can qualify for energy assistance if you need it. Energy or bill payment assistance may be available. Please call TruSmart Energy for additional information. dpi Energy LLC d/b/a TruSmart Energy ( Richmond Avenue, Suite 405 Houston Texas TRU-SMART SmartSupport@TruSmartEnergy.com SPAY-VAR-PDS PUCT #10130

6 Communications: How will the company contact me for important notices? Disconnection: How can I avoid having my electricity disconnected? Reconnection: How do I restart prepaid service if my electricity is disconnected? Deferred Payment Plans: When is a deferred payment plan available? We will contact you by text, , mobile phone, and/or landline telephone using the contact information you have provided to us for important notifications including current balance requests, payment confirmation codes, and disconnection warnings. SmartPay requires that you make the Minimum Weekly Payment by the Due Date (both as stated on your EFL). If you do not make your Minimum Weekly Payment by the Due Date, it is important to maintain an account balance at or above $10 or your service may be disconnected. This is called a Disconnection Balance. You will be notified two (2) days before your account balance is expected to fall below $10. If your account balance falls below $10 more quickly than expected, service may be disconnected as little as one day after you receive the low balance notification. TruSmart Energy may charge you a $10 disconnection fee. If your service is disconnected, and your account has a negative balance, you must pay off that amount in addition to the amounts disclosed below. In order to restart prepaid electric service, you must make a payment to establish a Connection Balance of $34. The payment amount includes a Payment Transaction Fee of $1.95 and a Daily Base Charge (for your first day of service) of $0.39. After these fees are deducted, your account will have $31.66 available. Utility fees may also apply. The fees (if applicable) will be: Paid in addition to the costs of enrolling in the service. Subtracted from your account balance. Deferred Payment Plans (DPP) are available upon request in the following situations: If your account reaches a negative balance of $50 or more during an extreme weather event. If a state of disaster has been declared in your area by the Governor of Texas and the Public Utility Commission requires that deferred payment plans be offered. If TruSmart Energy has underbilled your account by $50 or more for reasons other than theft of service. If you enter into a deferred payment plan, TruSmart Energy may apply a switch-hold until your deferred payment plan is paid in full. A switch-hold means that you will not be able to buy electricity from another REP while the switch-hold is in place. For more information regarding switch-holds, contact TruSmart Energy. dpi Energy LLC d/b/a TruSmart Energy ( Richmond Avenue, Suite 405 Houston Texas TRU-SMART SmartSupport@TruSmartEnergy.com SPAY-VAR-PDS PUCT #10130