RESIDENTIAL TERMS OF SERVICE PRE-PAID PRODUCT

Transcription

1 RESIDENTIAL TERMS OF SERVICE PRE-PAID PRODUCT

2 CLEARVIEW ENERGY RESIDENTIAL TERMS OF SERVICE PRE-PAID PRODUCT Residential Terms of Service This document explains the terms and conditions that apply to your purchase of electricity from Clearview Electric, Inc. dba Clearview Energy (Clearview, we, our). Your contract with Clearview includes the Terms of Service (TOS), your enrollment authorization in writing, by telephone or the internet, the Electricity Facts Label (EFL), and the Your Rights as a Customer (YRAC) disclosure document, as they may be amended from time to time. As your Retail Electric Provider (REP), Clearview will arrange for the delivery of electricity from your Transmission & Distribution Service Provider (TDSP) to your service location pursuant to this Contract. By accepting electric service from Clearview, you are entering into a contract with Clearview and you will be bound by the Terms of Service. Contact Information Retail Electric Provider (REP): Clearview Energy Mailing Address : P.O. Box Dallas, TX REP Certificate Number: Toll free number: Fax number: Internet: clearviewenergy.com customerservice@clearviewenergy.com Hours of Operation: 8:30am to 5:30pm, Monday through Friday, Central Time Power Outage and Emergency Contact Information 24 Hours/Day, 7 Days/Week Oncor Electric Delivery Service Area: CenterPoint Service Area: / AEP Central Service Area: Texas-New Mexico Power Co. Service Area: AEP North Service Area: Warning on Cost Responsibility for TDSP Service Call If you report a power outage in your area that results in a service call by the TDSP, you will be charged the full amount of the TDSP discretionary charges incurred IF the outage is determined by the TDSP to be caused by your error (such as an interruption due to an insufficient payment) and not the TDSP s transmission and distribution equipment. TX TOS PREPAID PUC Certificate # 10129

3 Spanish Language (Idioma Español) Your contract documents are available in Spanish by contacting us at or visiting us at Usted puede obtener los documentos de su contrato en Español. Llamanos a o visítanos a Right of Rescission If you are switching your electric service to Clearview, as opposed to starting service at a new location or moving in, you have the right to rescind your acceptance of this Terms of Service without fees or penalties of any kind, within three (3) business days after receiving this Terms of Service as provided by Public Utility Commission of Texas (PUC) Substantive Rule This rule can be viewed at: electric/25.474/ pdf. You may rescind either by phone at (toll free), fax at , or at customerservice@clearviewenergy.com. Please provide your name, address, phone number, Electric Service Identifier (ESI ID), and a statement that you are rescinding your Contract under the three-day Right of Rescission. Eligibility/Antidiscrimination Clearview cannot deny service or require a prepayment or deposits for service based on a customer or applicant s race, creed, color, national origin, ancestry, sex, marital status, lawful source of income, level of income, disability, familial status, location of a customer/applicant in an economically distressed geographic area, or qualification for low income or energy efficiency services. Clearview cannot use a credit score, a credit history, or utility payment data as the basis for determining the price of electric service for a residential product with a contract term of twelve (12) months or less. Clearview reserves the right to deny service to any customer for any reason that is not discriminatory. Critical Care and Chronic Condition Residential Customers Clearview is prohibited by law from providing pre-paid electric service to critical care residential customers or chronic condition residential customers, or if an interruption of electricity service will cause a person residing in your residence to become seriously ill or more seriously ill. This rule can be viewed at: pdf. Critical Care Residential Customers and Chronic Condition Residential Customers are defined in PUC Substantive Rule This rule can be viewed at: electric/25.497/ pdf. PUC Certificate #

4 Term and Renewal of Service This Agreement will be effective as of the initial meter date following completion of enrollment with Clearview. Your electricity service with Clearview is day to day and shall continue each day dependent upon you pre-paying for service on a timely basis. If your balance falls below $10.00, your service may be disconnected according to the terms provided in this Agreement. Deposits and Credit Checks Clearview will not require a security deposit. Acceptance of prepayment is solely for your convenience and will not be considered a deposit by Clearview. Clearview will not require a credit check at the time of enrollment into pre-paid service. Pricing, Fees, and Taxes Your Electricity Facts label (EFL) includes details about Clearview s Residential Pre-Paid Product which includes an Energy Charge per kwh, a monthly Base Fee, the monthly recurring TDSP fees and the TDSP charges per kwh. The average price for electric service reflects the Energy Charge, the monthly Base Charge and all existing recurring TDSP charges excluding state and local sales taxes, and the State Miscellaneous Gross Receipts Tax reimbursement. The existing recurring TDSP charges may change if there are: changes to TDSP delivery charges or regulatory charges; or changes in law that impose new or modified fees that are out of our control. In addition, the Energy Charge and/ or monthly Base Charge may change at Clearview s discretion. For each such change, Clearview will limit each increase to the Energy Charge and/or Monthly Base Charge to no more that 30% from the prior price. A change in Energy Charge and/or Monthly Base Charge does not constitute a material change of the delivery of electric service by Clearview. Your actual price for electric service and your actual electricity usage will be shown on your Account Update. This will be used to calculate your daily usage amount. You agree to pay all applicable Taxes and any fees charged by any governmental entity. Taxes means all federal, state and local taxes, fees, governmental charges, and assessments presently or hereafter imposed on you as purchaser of electricity, on Clearview 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. Billing and Payment You will not receive a bill from Clearview. Instead, Clearview (or an authorized pay station) will provide you verification that will show you the amount of prepayment added to your account or confirmation number. Clearview will send confirmation of the prepayment via text and/or . Please note that cash payments are only accepted through our authorized pay stations. Go to for locations. Credit card payments are accepted online at or by phone at A Payment 3 PUC Certificate # 10129

5 Transaction Fee may be assessed each time you make a prepayment (credit/ debit card, ACH bank draft) to your account through a Customer Service Rep by phone. You can make an ACH bank draft prepayment by going online or calling customer service. Any attempt by you to make a prepayment to us by going to a pay station that is not listed at will not be accepted by Clearview. If for some reason your prepayment is processed, you agree and acknowledge that there will be a delay in posting the prepayment to your account. If your account balance is equal to or below $10.00, during this delay, Clearview may contact the TDSP to interrupt your service. You may request that we send you a Summary of Usage and Payment (SUP), which will be delivered through the US Postal Service. You may be assessed a Document Processing fee (up to $2.95) for such request. Upon request, a Summary of Usage and Payment shall be provided to an energy assistance agency in accordance with PUC Substantive Rule (h)(6). This rule can be viewed at: electric/25.489/ pdf. Under Billing Clearview reserves the right to correct any prior daily bills due to missing or erroneous customer charges that may arise as a result of: (1) meter errors; (2) miscalculations of taxes; (3) errors in collections at the authorized pay station; or (4) other errors and omissions. If the under billed amount is not paid according to the above and your balance is equal to or less than $10.00, Clearview may request that your TDSP interrupt your electricity service. Outstanding Account Balance If, for any reason, you continue to receive electricity service when your account balance is equal to or less than $10.00, your account will continue to accrue all charges for the electricity service received. When your account balance is equal to or less than $10.00, Clearview may request that the TDSP interrupt your electricity service. If the TDSP performs interruption of your electricity service, then any costs incurred on your account while waiting for the TDSP to perform an interruption may result in an increased outstanding account balance owed on your account. Unless stated in this Agreement, any account balance less than $10.00 must be brought back to a $ balance and the connection balance must be paid before your electricity service will resume. Interruption of Electricity Service You are required to have a positive balance on your account except as otherwise authorized in this Agreement. If your account balance is equal or less than $10.00, Clearview may request that the TDSP interrupt your electricity service. When this happens, your electricity service will cease until you restore a positive balance in your account of $10.00 and pay the connection fee to restore electric service. PUC Certificate #

6 Warning Notice on $10.00 Balance You will be sent a warning notice 1-7 days before your account balance is estimated to reach $10.00 through an Account Update. Customer Account Updates Clearview will communicate with you through an Account Update process. At the time of enrollment with Clearview, you must select an Account Update method that is either and/or text messaging. Account Updates contain account information which may include: Your Clearview Residential Pre-Paid Variable Price Product account balance and/or recent electricity usage, which may be reduced by all known charges and fees that have been incurred, including charges based on estimated usage; The most recently available energy consumption information as provided by the TDSP (which may contain delayed information and usage estimated by the REP in a reasonable manner for the time period in which the TDSP has not provided actual or estimated usage data); Estimated time and/or days of electricity service remaining; and Confirmation or valid prepayments and/or other notices related to your account. Account Update Delivery Failure Clearview is not obligated to resend Account Updates to you, even if the message could not be delivered for any reason. You are solely responsible for contacting Customer Service to provide us with updated and correct contact information if: (1) the information for your chosen method of Account Updates contact has changed; (2) your chosen method of Account Updates is not functioning properly; (3) your chosen method of Account Updates is no longer valid; or (4) at any time after you have begun receiving service from Clearview, 48 hours pass in which you do not receive an Account Update. After multiple repeated failures to send you an Account Update, we may cease to send Account Updates until you contact Customer Service and provide updated and working contact information. How to Access Information about Your Account You may access your account 24 hours a day online by visiting www. clearviewenergy.com or by calling (toll free). Disconnection of Service Without Prior Notice Clearview may at any time, authorize disconnection of a customer s electric service without prior notice where any of the following conditions exist: Where a known dangerous condition exists (such disconnection may continue until the condition no longer exists); There has been an attempt to bypass the TDSP meter to gain electricity without payment, or tamper with other TDSP equipment; or 5 PUC Certificate # 10129

7 There is evidence of actual or attempted theft of service. Terminating Your Contract (Fixed Rate Plan Only) Your contract term is stated in the EFL. At the end of your contract term, you may terminate your contract by switching to a new provider. If you terminate the contract fifteen (15) days or more prior to the end of your contract term, you agree to pay the penalty or fee for early cancellation indicated in the EFL, if any, and you must select another REP to continue to receive electric service. If your termination requires an early meter read by your TDSP, you will be charged a fee established by your TDSP. You are responsible for all charges incurred through the date on which termination is effected by the TDSP. If you move from your existing premise during the contract term and provide a forwarding address to Clearview, you will not be responsible for the cancellation fee stated in the EFL. We may also request that you provide reasonable evidence that you no longer occupy the location covered by the contract. In order to ensure timely processing, you should notify Clearview at least three (3) days before the requested termination date. Our obligations will end when we are no longer designated as your REP or when your electric service is disconnected by the TDSP. Your obligations under the contract will end when your account balance is paid in full. Dispute or Complaints If you have any questions, concerns, or complaints, please contact Clearview. In the event we cannot immediately respond to your question or complaint, we will promptly investigate the matter and report our findings to you within twenty-one (21) days. In the case of a bill dispute you will not be required to pay the disputed portion of your bill during the investigation period. If you are not satisfied with the results of the investigation, you may request a supervisory review. At the supervisory review level, we will respond within ten (10) business days. If for any reason you are not satisfied with our response, you may contact the PUC. You may contact the PUC at: Public Utility Commission of Texas, Customer Protection Division, P.O. Box 13326, Austin, TX ; telephone (888) ; customer@puc.state.tx.us. Your YRAC document contains more information on this process. Limitations of Liability YOU AGREE THAT CAUSES AND EVENTS BEYOND OUR CONTROL, INCLUDING ACTS OF GOD, ACTS OF ANY GOVERNMENTAL AUTHORITY, ACCIDENTS, STRIKES, LABOR TROUBLE, AND EVENTS OF FORCE MAJEURE OCCURRING WITH RESPECT TO THE TDSP, ERCOT, OR OTHER THIRD PARTY SYSTEMS OR ASSETS (A FORCE MAJEURE EVENT), MAY RESULT IN INTERRUPTION IN SERVICE AND THAT WE WILL NOT BE LIABLE FOR THOSE INTERRUPTIONS. YOU ALSO AGREE THAT WE ARE NOT RESPONSIBLE FOR GENERATING YOUR PUC Certificate #

8 ELECTRICITY OR FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY TO YOUR SERVICE ADDRESS. FURTHERMORE, YOU AGREE THAT WE WILL NOT BE LIABLE WITH RESPECT TO ANY THIRD PARTY SERVICES; THAT OUR LIABILITY NOT EXCUSED BY REASON OF FORCE MAJEURE OR OTHERWISE WILL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY; AND WE ARE NOT LIABLE TO THE OTHER FOR CONSEQUENTIAL INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES. YOU WAIVE ALL OTHER REMEDIES AT LAW OR IN EQUITY. THESE LIMITATIONS APPLY EVEN IF THE DAMAGES RESULT FROM NEGLIGENCE, WHETHER SOLE, JOINT, CONCURRENT, OR ACTIVE OR PASSIVE. THERE ARE NO THIRD PARTY BENEFICIARIES TO THE CONTRACT. Representations and Warranties THE ELECTRICITY SOLD UNDER THIS CONTRACT WILL MEET THE QUALITY STANDARD OF THE APPLICABLE TDSP AND WILL BE SUPPLIED FROM A VARIETY OF GENERATING SOURCES. WE MAKE NO REPRESENTATIONS OR WARRANTIES OTHER THAN THOSE EXPRESSLY SET FORTH IN THE CONTRACT, AND WE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, CONFORMITY OR MODELS OR SAMPLES AND FITNESS FOR A PARTICULAR PURPOSE. Assistance Agencies and Bill Payment Assistance Should you need assistance paying for your electricity service, contact or go to for a list of assistance agencies. At your request or the request of an assistance agency, Clearview will provide you with your recent usage and payment history. Clearview will work with assistance agencies as necessary, and if you qualify, to assist you in maintaining your electricity service. We may initiate disconnection of service if we have not received payment from the energy assistance agency within fortyfive (45) days of our receipt of the commitment or if after applying the payment your balance is less than or equal to $ LITE-UP Texas Clearview offers discounted electrical service to eligible customers that qualify for LITE-UP Texas, a program that reduces the monthly cost of electricity for qualified low-income individuals during certain months of the year. Qualified customers will automatically receive a discounted rate for energy consumption during the qualifying period. If you are a qualified customer and you enrolled after the qualifying period, you will receive your discounted rate in the next qualifying period. Verification of eligibility and discounted rates will be shown via Account Updates. LITE-UP Texas Self-Enrollment Discount form and FAQ can be accessed at: aspx, or by calling Governing Law Your contract with Clearview is governed by the laws of the State of Texas. The 7 PUC Certificate # 10129

9 Texas Uniform Commercial Code applies to the Terms of Service and Electricity is deemed a Good. The Uniform commercial Code can be viewed at the following website: Assignment You may not assign your contract with Clearview, in whole or in part, or any of your rights or obligations under the contract without our prior written consent. Clearview may, without your consent (1) as part of any financing or other financial arrangement, assign, sell or pledge this agreement or its accounts, revenues, or proceeds, or (2) assign this agreement to an affiliate of Clearview or to any other person or entity succeeding to all or a substantial portion of the assets of Clearview. Waiver If Clearview waives any one or more defaults by you in the performance of any of the provisions of the contract, then such waiver will not be construed as a waiver of any other default or defaults whether of a like kind or of a different nature. Changes to Contract Provisions We can make changes to the provisions of the contract at any time with appropriate notice except for changes to the length of your contract term. We will notify you of any material change to the contract in writing at least fourteen (14) days before any change to the contract will be applied to your bill or take effect. If you do not cancel the contract before the effective date of the change, the change will become effective on the date stated in the notice. Notice is not required for a change that is beneficial to you. Your price will vary according to a method determined by Clearview as set forth in your EFL. PUC Certificate #

10 EXHIBIT A PREPAID SERVICES CLEARVIEW NON- RECURRING CHARGES Connection Balance Fee. $50 Expedited Move-In... $0 (TDU CHARGES ONLY) Reconnect Fee... $0 (TDU CHARGES ONLY) Insufficient Funds/ Returned Payment Fee...$40 Processing Fee - Balance Refund $10 Telephone Customer Assistance Payment... $3 (up to) Your TDU may charge fees for some of the non-recurring fees that Clearview does not charge. Clearview will pass-through any TDU fees directly to the customer, without markup. 9 PUC Certificate # 10129