Price Stream Residential/Small Commercial Terms & Conditions New York <<PriceDescription>> PLAN DISCLOSURE STATEMENT Version ersion: 2.1 Effective Date:<<Release Date>> Month to Month (MTM) Variable Rate Plan Length of agreement and end date Process customer may use to rescind the agreement without penalty Amount of Early Termination Fee and method of calculation <<ProductName>><<rateindexamount>> cents/kwh (for electric); <<rateindexamount>> cents /therm (for gas) For each month of service to calculate the monthly rate for this product, Stream will use the rate that is published/posted by the local incumbent utility on or around the 1 st of each calendar month where your premise is located. That rate will remain in effect until the next rate published/posted by the local incumbent utility, at which time, the new rate will apply. At the end of 12 months or the termination of your agreement (whichever is sooner), Stream will refund any difference between the rate you paid and the rate you would have paid had you remained on full utility service with your incumbent utility where your premise is located. For the cash back reward, the amount of any refund will be subtracted from customer s cash back reward to determine the final cash back reward amount given. If the refund equals or exceeds the reward, no reward will be given.. <<Term>> from enrollment effective date A residential customer may rescind by calling the toll-free number within 3 business days of receipt of the agreement. Contact us at 1-877-369-8150; 8 AM to 11 PM ET, Monday Friday and 9 AM to 6 PM ET, Saturday and Sunday. Hours subject to change. No early termination fee.
Amount of Late Fee and method of calculation Provisions for renewal of the agreement Conditions under which savings to the customer are guaranteed Cash Back Reward Past due charges may incur a late fee of 1.5% per month or the interest rate posted in your utility s tariff. If we assume billing, we will follow applicable law. A $_30_ fee per account will be assessed for any returned checks due to insufficient funds. Variable rate plans renew on a month-tomonth basis. The Cash Back Product matches the incumbent utility rate and also offers a <<cashbackpercentage>>% cash back during first 12 months of service. See Section headed Cash Back Rewards Plan.
Stream Residential/Small Commercial Terms & Conditions New York Version: 5 Effective Date: <<Release Date>> Background. This residential/small commercial (as applicable) energy sales agreement with Stream Energy New York, LLC ( Stream ), an independent energy marketer, shall consist of: (i) your telephonic, electronic or written agreement to initiate service and begin enrollment with Stream ( enrollment ) and (ii) the terms and conditions set forth below. The terms includes or including shall mean including without limitation, and Customer or you or your shall mean the person whose name appears on the bill for service under this Agreement, or an authorized agent thereof. Agreement to Sell and Purchase Energy. You agree to purchase, and we agree to sell to you, all of the electricity or natural gas (or both, if applicable) supply necessary to satisfy your requirements for the utility account(s) identified during your enrollment for the term of your agreement. You appoint us as your agent to acquire any information or supplies necessary to meet your electricity and/or natural gas requirements. The Local Distribution Utility (LDU) will continue to provide delivery service and to respond to any leaks or other emergencies. You agree to accept the measurements as determined by the LDU to determine the amount of electricity or natural gas to be supplied. If the LDU is unable to read your meter, the LDU will estimate your usage and your charges will be calculated based on the estimate and adjusted on a future bill. Term. This Agreement becomes effective as of the date of Customer s notice regarding the change of providers to Stream is deemed effective by the LDU. Your agreement will be month-to-month with a rate that can change at any time at our sole discretion. While receiving service on a month-to-month basis, you or Stream may terminate or cancel this Agreement at any time so long as thirty (30) days advanced written notice is provided to the other party. Material Change. Stream may make changes to our terms and conditions without your consent, but if we make any material changes, we will send you a written notice at least thirty (30) days, but no more than sixty (60) days, prior to the change, apprising you of any proposed changes and of your right to renew, terminate or renegotiate this Agreement. Price. The price for all electricity or natural gas supplied under this Agreement shall be the rate agreed to in your enrollment for the product you selected or the rate listed in your renewal notice, plus all applicable taxes. The price does not include utility distribution service or other utility-related charges. These are separate amounts that you must pay to the utility. For each month of service to calculate the monthly rate for this product, Stream will use the rate that is published/posted by the local incumbent utility on or around the 1 st day of each calendar month where your premise is located (i.e., typically, the rate will be the first non-holiday Monday and Tuesday of the month). This rate will then be applied to your account on or around the 15 th calendar day of each month. Stream will follow the same process each month thereafter to determine your monthly rate.. Cash Back Plan Rewards Plan. The Cash Back Rewards Plan reward percentage is<<cashbackpercentage>>%. For eligible customers, Stream will provide a Cash Back Reward equivalent to the percentage multiplied by the total natural gas and/or electricity Stream commodity supply charges billed by the LDU for the previous twelve (12) months of consecutive supply service by Stream, exclusive of sales taxes, the POR Discount Rate applied by the LDU and LDU delivery, transportation, and transmission charges. The Customer must take service from Stream for twelve (12) consecutive monthly billing cycles during the reward period to be eligible for the Reward. Method of reward payment (i.e., a check or pre-loaded credit, debit card, or other mechanism) is at Stream s sole discretion. The reward will be issued and delivered by mail after the commodity supply payment is received by Stream from the LDU utility relating to the twelfth (12 th ) month of consecutive service. The reward will be sent to the mailing address that is on file with Stream at the time of remittance of the reward. Stream shall not be responsible for lost, stolen, or damaged rewards after they are mailed to the customer. Billing. You will receive a bill from the LDU. The bill will include both the LDU s and Stream s charges. The rules of the utility tariff filed with the NY DPS will apply to billing and collection of monies owed. You must pay the LDU directly. Past-due charges may incur a late fee of 1.5% per month or the interest rate posted in your utility s tariff. If you fail to remit payment timely, or if you breach any of the terms of this Agreement, we have the right to terminate the Agreement in addition to any other rights we have. We may terminate in whole, or in part with respect to any account(s) covered by this Agreement, upon fifteen (15) days written notice, provided you do not make payment or correct the breach within the fifteen (15) day period. Failure to make payment is also grounds for the LDU to disconnect your service. We reserve the right to assume any and all billing responsibility, including the LDU s charges, if necessary. If we assume billing responsibility, we will follow the applicable Uniform Business Practices Act (UBP) and Home Energy Fair Practices Act (HEFPA). A $30 fee may be assessed for all returned payments. If payments are returned two times in a twelve (12) month period, we may demand payment be made using money order, certified check or electronic funds transfer. If you pay a lesser amount than is due, even if you designate it as a full payment, our acceptance of the payment is without prejudice to any other rights or remedies we may have, and you agree we may disregard your designation and apply the payment as a partial payment to your account. You agree to pay the price as defined in your Agreement and all amounts shown on your bill that are charged by Stream consistent with this Agreement. By paying your bill you agree that the bill reflects proper charges for our services. 1
Assignment. You may not assign this Agreement, either in whole or in part, or any of your rights or obligations under this agreement without our prior written consent. We may, without your consent: (i) transfer, sell, pledge or assign the accounts receivables program or billing services and may assign this Agreement and the rights and obligations thereunder to another energy supplier, energy services company or other entity as authorized by the DPS. Information Release Authorization. Customer authorizes Stream to obtain and review information regarding Customer s credit history from credit reporting agencies and the following information from the LDU: consumption history, billing determinants, utility account number, credit information, n, public assistance status, existence of medical emergencies, status as to whether the customer has a medical emergency, is human needs, elderly, blind or disabled and data applicable to cold weather periods under PSL 32(3) and a information pertaining to PSL 33, tax status and eligibility for economic development or other incentives; ; information needed for compliance with any Commission orders or regulations.. This information may be used by us to determine whether it will commence and/or continue to provide energy supply service to Customer and will not be disclosed to a third party unless required by law. Customer s execution of this Agreement shall constitute authorization for the release of information Stream. This authorization on will remain in effect during the Initial Term and any Renewal Term. Customer may rescind this authorization at any time by providing written notice to Stream or by calling Stream at 1-877 877-369 369-8150 8150. Stream reserves the right to cancel this Agreement in the event Customer rescinds authorization. Customer Protections. The services provided are governed by the terms and conditions of this Agreement and HEFPA. Stream will provide at least fifteen (15) days notice prior to cancellation of any service. In the event of non-payment of any charges owed to us, Stream may terminate Customer s commodity service and the suspension of distribution service under procedures approved by the DPS. Customer may obtain additional information by contacting Stream at 1-877-369-8150 or the DPS at 1-800-342-3377, or by writing DPS at: New York State Department of Public Service, Office of Consumer Services, Three Empire State Plaza, Albany, New York 12223, or though its website at http://www.dps.ny.gov/. You may also contact the DPS for inquiries regarding competitive retail energy at 1-888- 697-7728. Cancellation. Customer may rescind this Agreement within three (3) business days after the receipt of this Agreement by contacting us toll-free at 1-877-369-8150 or in writing. Customer is liable for all Stream charges until Customer returns to the LDU or goes to another supplier. A final bill will be rendered within twenty (20) days after the final scheduled meter reading or if access is unavailable, an estimate of consumption will be used in the final bill, and trued-up subsequent to the final meter reading. Variable Price Plan: Customers may cancel this Agreement at any time without penalty by calling the toll free telephone number, written notice via U.S. mail at the address indicated in Section 1 of this Agreement or by completing a switch to another supplier. Residential or Small Commercial. Customer s payment obligations under the Agreement will end when the outstanding balance on Customer s account is paid in full. If the Customer owes any prior ECF or other outstanding balance to Stream at the time of enrollment for service under this Agreement, Stream reserves the right to require full payment of the outstanding balance or ECF prior to initiation of service under this Agreement and may refuse service until all amounts are paid in full. In the event that Customer is cancelling this Agreement because Customer is moving to a new premise, then Early Cancellation Fees shall NOT apply. Stream may bill Customer directly for any ECFs. In the event that Customer defaults in the payment of any ECF due under this Agreement and such indebtedness is placed in the hands of an attorney or collection agent for collection, or suit is brought on same, or the same is collected through probate, bankruptcy or other judicial proceedings, then Customer agrees to pay reasonable fees and expenses (including attorney fees) incurred by Stream or the attorney/collection agent in the collection of such indebtedness. Title. Natural gas and/or electricity shall be delivered to the point of delivery which is the city gate for natural gas, and the New York Independent System Operator ( NYISO ) load bus (located outside the municipality where your premise is located). Title to, control, and risk of loss to the electricity or natural gas supplied by Stream will transfer from Stream to Customer at the point of delivery. Stream will indemnify and hold harmless Customer from all taxes, royalties, fees or other charges incurred before title passes with respect to the electricity and/or natural gas provided hereunder. Warranty. This Agreement, including applicable attachments, constitutes the entire Agreement between you and Stream. Stream makes no representations or warranties other than those expressly set forth in this agreement, and expressly disclaims all other warranties, express or implied, including merchantability and fitness for a particular use. Force Majeure. We will make commercially reasonable efforts to provide service, but cannot guarantee a continuous supply of energy. Certain causes and events out of our control called Force Majeure events may result in interruptions of service. You agree that we are not liable for such events. We do not transmit or deliver energy. We do not operate or control any part of the delivery of your energy, including reading your meter. The LDU is not a vendor for Stream. Therefore, we are not, nor shall we be, liable for damages caused by Force Majeure events, including Acts of God, acts of any governmental authority or agency, acts of terrorism, accidents, strikes, labor disputes, required maintenance, inability to access the utility s system, non-performance by the utility, including but not limited to, a facility outage on its distribution lines, malfunction or disruption of your meter(s), or any cause beyond our control. 2
Limitation of Liability. OUR LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DMAGES ONLY, WHICH WILL NOT EXCEED THE AMOUNT OF YOUR SINGLE LARGEST MONTHLY INVOICE DURING THE PRECEDING TWELVE (12) MONTHS. YOU WAIVE ANY RIGHTS TO ANY OTHER REMEDY IN LAW OR EQUITY. IN NO EVENT SHALL WE BE LIABLE FOR ANY PUNITIVE, THIRD-PARTY CLAIMS OR OTHER DAMAGES WHETHER BASED ON CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, OR FOR LOST PROFITS OR OPPORTUNITIES ARISING FROM A BREACH OF THE AGREEMENT. Contact Information. You may contact our Customer Care Department at 1-877-369-8150, Monday Friday 8:00 am 11:00 pm ET; Saturday and Sunday, 9:00 AM 6:00 PM ET (contact center hours subject to change). You may write us as 14675 Dallas Parkway, Suite 150, Dallas, Texas 75254. Dispute Resolution. If you have a billing dispute or disagreement involving Stream s service, the parties will use best efforts to resolve disputes. Customer should contact Stream by phone or in writing above. The dispute or complaint relating to residential service may be submitted by either party at any time to the DPS pursuant to its Complaint Handling Procedures ( Procedures ) or calling the DPS at 1-800-342-3377. Customer must pay the bill in full, except for the specific disputed amount, during the pendency of the dispute, and such payment shall be refunded if warranted by the decision of the DPS. Governing Law. Venue for any lawsuit brought to enforce any term or connection of this Agreement or to construe the terms thereof shall lie exclusively in the State of New York. This Agreement shall be construed under and shall be governed by the State of New York without regard to the application of its conflicts of law principles. Taxes and Laws. Except as otherwise provided in this Agreement or by law, all taxes due and payable with respect to your performance of your obligations under the Agreement shall be paid by you. Any lawful exemption will only be recognized on a prospective basis for the date that you provide valid tax exemption certificates to us. Regulatory Changes. If, at some future date, there is a change in any law, rule, regulation or pricing structure whereby Stream is prevented, prohibited or frustrated from carrying out the terms of the Agreement, at its sole discretion Stream shall the right to cancel this Agreement on fifteen (15) days notice. Electricity or Natural Gas Emergencies. In the event of an electric or natural gas emergency, leak, or service interruption, contact your LDU at one of the following numbers. You should also contact your local emergency personnel. Central Hudson Gas and Electric: 1-800- 527-2714; Corning Natural Gas: 1-607-936-3755; National Grid (KED-NY): 1-718-643-4050; National Grid (KED-LI): 1-800-490-0045; National Grid: 1-800-892-2345; National Fuel Gas: 1-800-444-3130; NYSEG: 1-800-572-1131 (electric)/1-800-572-1121 (gas); Orange and Rockland: 1-877-434-4100; or Rochester Gas and Electric: 1-800-743-1701 (electric)/1-800-743-1702 (gas). Entire Agreement. This Agreement is binding upon the parties hereto and their respective successors and legal assigns. The Agreement (including enrollment) sets forth the entire agreement between the parties. Any and all prior or contemporaneous agreements, understandings and representations between the parties, whether verbal or written, are superseded by the Agreement. Agreement to Arbitrate and No Class Actions: READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND ALSO LIMITS THE MANNER IN WHICH CUSTOMER CAN SEEK RELIEF FROM STREAM. CUSTOMER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, CUSTOMER AND STREAM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND/OR TO PARTICIPATE IN A CLASS ACTION. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON S CLAIMS. CUSTOMER AGREES THAT, BY ENTERING INTO THIS AGREEMENT, CUSTOMER AND STREAM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. Stream and Customer agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising or marketing); claims that are currently the subject of purported class action litigation in which Customer is not a member of a certified class; and 3
claims that may arise after the termination of this Agreement. The parties agree that the arbitrator will have the sole power to decide any question about the arbitrability of any claim, dispute, or other difference between the parties. The arbitrator may award declaratory relief, preliminary and permanent injunctive relief, and economic damages. The arbitrator will not have the authority to award attorney s fees, costs, or non-economic, consequential, punitive, exemplary or incidental damages, or lost profits. Each party will bear the expense of its own attorney s fees and costs. The decision of the arbitrator will be entitled to enforcement in any court of competent jurisdiction. This provision will not be construed so as to prohibit Stream from obtaining preliminary and permanent injunctive relief in any court of competent jurisdiction. In the event any portion of this provision regarding arbitration is found unenforceable, such portion shall be severable from the remainder of this provision, which shall remain in full force and effect. References to Stream, Customer, and us include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior Agreements between us. This arbitration agreement does not preclude Customer from bringing issues to the attention of federal, state, or local agencies. The parties agree that the Federal Arbitration Act will govern the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ( Notice ). The Notice to Stream should be addressed to: Stream, 14675 Dallas Parkway, Suite 150, Dallas, Texas 75254: Attn: General Counsel ( Notice Address ). The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ( Demand ). If Stream and Customer do not reach an agreement to resolve the claim within 30 days after the Notice is received, Customer or Stream may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Stream or Customer shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which Customer or Stream is entitled. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, AAA Rules ) of the American Arbitration Association ( AAA ), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide. Unless Stream and Customer agree otherwise, or unless otherwise prohibited by law, any arbitration hearings will take place in Dallas County, Texas. If arbitration in Dallas County, Texas is prohibited by law, then arbitration shall take place in Albany County, New York. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party s individual claim. [End of Agreement] [Remainder of Page Left Intentionally Blank] 4