Verde Energy USA Ohio, LLC - Terms and Conditions of Service
1. Price: During the first three (3) months of service, Verde will supply electricity to Customer at a 100% renewable fixed generation rate of $0.0749 per kWh. After the first three (3) months of service, Verde will supply electricity to Customer at a 100% renewable variable generation rate that may change monthly with market conditions. Verde will purchase and retire renewable energy certificates (“RECs”) or attributes to ensure that an amount equal to 100% of Customer’s electricity usage is generated by renewable sources. Customer shall also pay and be responsible for all other amounts related to the purchase and delivery of electricity, including applicable taxes and service and delivery charges from the Utility. Verde will serve only the supply portion of Customer’s electricity bill. All other services currently supplied by the Utility will continue to be supplied by the Utility. No deposit is required by Verde for service.
2. Term: Verde is authorized to switch Customer’s utility supplier for the generation service charge. This Agreement will start when the Utility completes Customer’s enrollment with Verde. Service with Verde will begin with the next available meter reading after processing of the request by the Utility and Verde. The Utility may charge switching fees to Customer. Customer will be responsible for the termination of any existing supplier agreement. This Agreement will continue until terminated by either Customer or Verde in accordance with this Agreement. If Customer switches back to the Utility, Customer may or may not be served under the same rates, terms, and conditions that apply to other customers served by the Utility.
3. Right of Rescission & Termination: Residential and small commercial customers shall have the right to rescind this Agreement within 7 calendar days following the postmark date on the Utility’s confirmation notice by calling the Utility at the designated local or toll-free number or by written notice to the Utility, which is effective as of the date of the postmark. Either Verde or Customer may terminate this Agreement at any time, for any reason and without an early termination fee. Verde may terminate this Agreement on at least 14 calendar days written notice should Customer fail to pay the bill or fail to meet any agreed-upon payment arrangements. The termination will become effective when the Utility switches Customer’s account from Verde to the new supplier selected by Customer, to the Utility or to such other default provider established for Customer’s account. Termination will not relieve Customer of any payment obligations for electricity provided to Customer by Verde prior to termination.
4. Billing: Customer will continue to receive one monthly electric bill from the Utility. Payment is due to the Utility in accordance with its standard billing practices. Failure to pay electric utility charges may result in Customer being disconnected in accordance with the electric utility tariff. Customer has the right to request from Verde, twice within a twelve month period, up to twenty-four months of Customer’s payment history without charge. Verde does not offer budget billing for the generation portion of Customer’s bill.
5. Emergency: For any service question or in the event of an emergency, such as a power failure or a downed power line, Customer should contact Duke Energy at 1-800-544-6900.
6. Customer Relocation: If Customer moves to a new address within Verde’s service territory, Customer should contact Verde in order to re-enroll at the new location.
7. Changes to Agreement: Verde may change, modify or amend this Agreement at any time (each a “Change”). Each Change will be made by Verde in the manner required by applicable law. Each Change will be posted on Verde's website (www.lowcostpower.com), and Customer will receive individual notice of the Change if required by applicable law. Customer should review the website periodically for applicable Changes. Customer’s continued use of Verde’s products and services following a Change constitutes Customer’s acceptance of this Agreement as so Changed.
8. Assignment: Customer may not assign this Agreement without Verde's written consent. Verde may assign this Agreement or the revenues or proceeds due it hereunder: (a) in connection with any financing; (b) to any of its affiliates; (c) to anyone succeeding to all or substantially all of Verde's assets or business in the State of Ohio; or (d) to another supplier licensed by the Public Utilities Commission of Ohio. This Agreement is binding upon Customer and Verde, and each party's heirs, successors and permitted assigns. Verde is prohibited from disclosing Customer’s social security number and/or account number(s) without Customer’s consent except for Verde’s own collections and credit reporting, participation in programs funded by the universal service fund, pursuant to section 4928.52 of the Ohio Revised Code, or assigning a customer contract to another CRES provider.
9. Notice: Subject to Paragraph 7 above, any notice will be considered to have been made if mailed or emailed to the address for Customer in Verde’s records.
10. Disputes: Customer may contact Verde regarding this Agreement or any dispute related to this Agreement at 1-800-388-3862 24 hours a day, 7 days a week. Verde will attempt to resolve the dispute in an efficient, fair and timely manner. Verde will report the results of its investigation to Customer. If your complaint is not resolved after you have called Verde and/or your Utility, or for general utility information, residential and business customers may contact the Public Utilities Commission of Ohio (“PUCO”) for assistance at 1-800-686-7826 (toll free) or for TTY at 1-800-686-1570 (toll free) from 8:00 a.m. to 5:00 p.m. weekdays, or at www.PUCO.ohio.gov. Hearing or speech impaired customers may contact PUCO via 7-1-1 (Ohio relay service). Residential customers may also contact the Ohio Consumers’ Counsel for assistance with complaints and utility issues at 1-877-742-5622 (toll free) from 8:00 a.m. to 5:00 p.m. weekdays, or at www.pickocc.org.
11. Warranty Disclaimer: VERDE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
12. LIMITATION OF LIABILITY: NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL (INCLUDING LOST PROFITS OR REVENUE), INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES FOR CLAIMS ARISING UNDER THIS AGREEMENT.
13. Force Majeure: Neither party shall be liable to the other for any delay or failure to perform caused by an event of Force Majeure. “Force Majeure” means events beyond a party’s reasonable control, including, without limitation, acts of God, strikes, terrorism, wars, lightning, hurricanes, blizzards, floods, civil disturbances, shortages, unavailability of transmission facilities, and actions of any governmental authority or the Utility that materially impair a party’s ability to perform.
14. Cash Back Bonus: In order to redeem any cash back bonus offer, Customer must complete the form listed on Verde's web site, attach a copy of the first monthly bill showing Verde as the electric supply company and mail to Verde within six (6) months of the date of the first monthly bill. Customer must have enrolled with Verde directly (not any other supplier) and have an active account with Verde to be eligible. Limit one cash back bonus per customer.
15. Entire Agreement: This Agreement sets forth the entire agreement between Customer and Verde and supersedes any oral or written statements made in connection with this Agreement. This Agreement is governed by the laws of the State of Ohio.
OH DUK 20140902 F 7.49