AmericaWide Energy

 

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Terms of Service

AmericaWide Energy Connecticut Sales Agreement and Terms of Service

This Agreement (“Agreement”) is for a Connecticut residential customer (“Customer”) who has elected to purchase electricity from AmericaWide Energy, LLC (“AmericaWide Energy”). Please retain this Agreement for your records.  The words “we” “us” and “our” also refer to AmericaWide Energy; and the words “you” and “your” also refer to the Customer.

 


1   Agreement to Purchase Energy.  We agree to sell and you agree to purchase the quantity of electricity necessary to meet your requirements based upon consumption data obtained by us from your Local Distribution Utility (“LDU”, which in your case may either be The Connecticut Light & Power Company or The United Illuminating Company).  Your LDU will continue to be responsible for the delivery of electricity to your service location, read your meter, provide your monthly bill, respond to emergencies, and all other related services.

2.             Right to Rescind.  You may rescind this Agreement without obligation within three (3) business days of the latter of enrolling for service or receiving this Agreement by contacting us by telephone at 855-907-6937. You also may terminate this Agreement without cancellation fee at any time after the third business day (see Paragraph 8 below).

3.             Agreement Term.  Your electricity supply from us will begin when your enrollment with AmericaWide Energy has been processed by your LDU and will continue until this Agreement is terminated by you or us and when your LDU switches your account to its standard service or to another electricity supplier chosen by you (“Term”).

4.             Price.  This is a monthly variable rate product priced based on market conditions that may change from time to time.  The rate per kilowatt-hour (“kWh”) that we charge (“AmericaWide Price”) is all-inclusive of the full cost of electricity generation with no additional charges except for taxes and your LDU’s Delivery Charges (see Paragraph 5 below).  Your initial AmericaWide Price is shown in your Welcome Kit.  This rate may fluctuate from month to month based on market conditions which we guarantee to be at least 5% below your LDU’s standard Generation Service Charge rate, also known as the Price to Compare at the time. You should contact us at 855-901-6937 for your most current rate information.

5.             Total Generation Charge.  For each month our generation service charge will be your electricity kWh usage during the billing period, as measured by your LDU’s meter reading, multiplied by the AmericaWide Energy Price (the “AmericaWide Generation Charge”).  In the event that your LDU later adjusts your meter reading, the AmericaWide Generation Charge will be adjusted accordingly.  The AmericaWide Generation Charge does not include charges from your LDU for its transmission and distribution services and

Other applicable charges by your LDU, including but not limited to, the competitive transition assessment or the systems benefit charge (collectively, the “Delivery Charges”).

6.             Billing and Payment.  You will receive one monthly bill from your LDU that includes both the AmericaWide Generation Charge and the Delivery Charges plus taxes. You will make payments to your LDU in accordance with the LDU’s payment terms.  Please consult your LDU regarding late fees on delinquent payments, termination of service for non-payment, security deposits, payment arrangement plans and other payment and credit terms.

 

7.             Dispute Resolution.  In the event of a billing dispute or a disagreement involving our service, please contact us by telephone at 855-907-6937 or in writing at 100 Mill Plain Road 3rd Floor, Danbury, CT 06811.  If you are not satisfied with our attempt to resolve the problem, you may seek assistance from the Connecticut Public Utilities Regulatory Authority (“PURA”) or request information from the PURA regarding your consumer protection rights.  See Paragraph 20 below for the PURA’s contact information. 

8.             Termination by Customer.  You may cancel this Agreement without penalty at any time upon thirty (30) days prior notice.  To terminate this Agreement, please contact AmericaWide Energy by telephone at 855-907-6937 or by letter at 100 Mill Plain Road 3rd Floor, Danbury, CT 06811.

9.             Termination by AmericaWide Energy. AmericaWide Energy reserves the right to terminate this Agreement if:  (i) you fail to make timely payment of the AmericaWide Generation Charge to your LDU; (ii) your LDU is unable to read your electric meter for three (3) months in a row; or (iii) there is a change in any law, regulation, market rule or tariff that materially impairs our ability to fulfill our obligations under this Agreement.  We will provide you with at least fifteen (15) days prior written notice of our intent to terminate this Agreement for any of the reasons specified in items (i), (ii) or (iii) above.  We also may terminate this Agreement at any time for any reason by providing you with at least thirty (30) days advance written notice.  Upon termination of this Agreement by either you or us, you will continually be responsible for all AmericaWide Generation Charges incurred until your account is transferred to the LDU’s standard service or to another electricity supplier that you choose.

10.          Information Release Authorization.  You agree that your LDU may release to us certain information that we need to provide you with service, including but not limited to your address, telephone number, account number, historical usage information and peak electricity demand.   This information may be used by AmericaWide Energy and any of its affiliates, agents or representatives to determine whether it will commence and/or continue to provide energy supply service to you, but will not be disclosed to any unaffiliated party without your consent unless required by law.  This authorization will remain in effect during the Term of this Agreement.

11.          LIMITATION OF LIABILITY. AMERICAWIDE Energy’s liability in connection with this Agreement shall be limited to direct damages actually incurred, which shall not exceed the amount of your single largest monthly electric generation service CHARGE during the twelve (12) months immediately preceding the cause of the liability.  EXCEPT AS OTHERWISE PROVIDED HEREIN, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL (INCLUDING LOST PROFITS OR REVENUES), INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES FOR CLAIMS ARISING HEREUNDER.

 

12.          Representation and Warranties.  AMERICAWIDE ENERGY MAKES NO REPRESENTATIONS OR WARRANTIES OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT, AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER WRITTEN OR VERBAL, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

13.          Governing Law.  This Agreement shall be governed by and construed, enforced and performed in accordance with the laws of the State of Connecticut without regard to its choice of law rules.  Except for matters within the jurisdiction of the PURA, each party hereby designates the Connecticut state courts of competent jurisdiction or the United States District Court for the District of Connecticut as the exclusive courts of proper jurisdiction of any suit, claim, action or other proceeding, whether at law or in equity, relating to this Agreement.  To the extent permitted by law, venue for such suit, claim, action or proceeding shall be in Hartford, Connecticut.

14.          Assignment.  Customer may not assign this Agreement, in whole or in part, or any of its rights or obligations hereunder without the prior written consent of AmericaWide Energy. Customer agrees that AmericaWide Energy may, any time: (a) transfer, sell, pledge, encumber or assign the accounts receivable and revenues derived from this Agreement (or any proceeds thereof) in connection with any financing agreement, purchase of receivables program or other billing services arrangement; and (b) assign our rights and obligations hereunder to an affiliate of AmericaWide Energy, any person or entity succeeding to all or substantially all of the assets of AmericaWide Energy, or to a competitive electricity supplier licensed to do business in Connecticut.  Any such assignee shall agree in writing to be bound by the terms of this Agreement and, following such agreement, AmericaWide Energy shall have no further obligations hereunder.

15.          Severability.  If any provision of this Agreement is held by a court or regulatory agency of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall continue in full force without being invalidated in any way.

16.          Delay or Failure to Exercise Rights.  No partial performance, delay or failure on the part of AmericaWide Energy in exercising any rights under this Agreement and no partial or single exercise thereof shall constitute a waiver of such rights or of any other rights hereunder.

17.   Force Majeure.  We will use commercially reasonable efforts to provide the service contemplated herein, but we do not guarantee a continuous supply of electricity.  Certain Force Majeure events outside of our control may cause interruptions in service.  If a Force Majeure event prevents us from performing our obligations in whole or in part, our performance shall be excused for the duration of such event, and we will not be liable for damages associated with any delay or failure to perform as a result thereof.  As used herein, the term “Force Majeure” shall include, without limitation, sabotage, riots or civil disturbances, acts of God, acts of the public enemy, acts of vandalism, terrorist acts, volcanic eruptions, earthquake, hurricane, flood, ice storms, explosion, fire, lightning, landslide or similarly cataclysmic occurrence, shortage or unavailability of transmission facilities, nonperformance by the LDU, or any change in law or any other action by a governmental authority that materially impairs our ability to perform our obligations under this Agreement.  We will give you reasonably prompt and detailed notice of any Force Majeure occurrence. 

18.          Entire Agreement.  This Agreement sets forth the entire agreement between the parties with regard to the subject matter hereof and supersedes all prior agreements, whether written or oral.

19.          Amendment and Other General Provisions.  AmericaWide  Energy may amend the terms of this Agreement at any time, consistent with any applicable law, rule or regulation ,  Customer hereby consents to the amendment of any terms of this Agreement, including any material term hereof, so long as Customer receives notice of such amendment at least 30 days prior to the effective date thereof.  No waiver of any right under this Agreement shall be construed as a waiver of the same or any other term or condition on the same or any other occasion.  Nothing in this Agreement shall create or be construed as creating any express or implied rights in any person or entity other than you and us.  This Agreement is subject to all valid and applicable legislation and to all present and future orders, rules and regulations of authorities having jurisdiction over the subject matter hereof, and both parties agree to comply with all such applicable laws, orders, rules and regulations. 

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