I just wanted to let you know that we were very grateful and happy with the crew that removed and replaced our oil tank. You really have some very qualified and nice people working for you. “Team Mi...

-- Brookfield, CT Customer
 
Electricity Terms of Service

Verde Energy USA, Inc. – Terms and Conditions of Service

Verde Energy USA, Inc., with a business address of 101 Merritt Seven Corporate Park, Second Floor, Norwalk, CT 06851 (“Verde”), will supply Customer with electricity in the service territory of Customer’s local distribution company (“Utility”), subject to these Terms and Conditions of Service (“Agreement”): 

1. Price: Through twelve (12) billing cycles, Verde will supply electricity to Customer at a 100% renewable fixed generation rate of $0.0999/kWh. 30 to 60 days prior to the expiration of the initial fixed rate period and each fixed rate period thereafter, Verde will send Customer written notice of Verde’s decision to either (A) return Customer to the Utility for Standard Service, (B) keep the Customer at the then-current fixed generation rate until a new contract is entered into, or (C) renew Customer to a new 100% renewable fixed generation rate set forth in the notice and having a fixed rate period of no less than four billing cycles. 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 may review the current rate on Customer’s monthly electric bill and compare the price/term in the Agreement to the Utility’s default electric generation service charges by visiting www.energizect.com. If Customer desires time of use rates where such service is available (i.e., the Utility has installed a time of use meter and enrolled Customer on time of use distribution rates), Customer should call Verde to request the applicable time of use generation rate. Customer shall also pay and be responsible for all other amounts related to the purchase and delivery of electricity, including applicable taxes and delivery charges.

2. Term: Verde is authorized to switch Customer’s utility supplier for the generation service charge. This Agreement will start on the date of the first meter reading after the Utility completes Customer’s enrollment with Verde. Customer will be responsible for the termination of any existing supplier agreement. This Agreement has no expiration date and will continue until terminated by either Customer or Verde in accordance with this Agreement.

3. Right of Rescission & Termination: Customers who have a maximum demand of 500 kilowatts or less shall have, until midnight of the 3rd business day after the latter of the day on which the Customer enters into a service agreement or the day on which the Customer receives this Agreement, the right to cancel this Agreement. Either Verde or Customer may terminate this Agreement at any time, for any reason and without an early termination fee. To cancel or terminate this Agreement, Customer can contact Verde as follows: by mail at 101 Merritt 7, 2nd Floor, Norwalk, CT 06851, by phone at 800-388-3862, or by email at service@lowcostpower.com. 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.

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 Eversource at 800-286-2000 or UI at 800-722-5584.

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 Connecticut; or (d) to another supplier licensed by the Public Utilities Regulatory Authority. This Agreement is binding upon Customer and Verde, and each party’s heirs, successors and permitted assigns.

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 at 1-800-388-3862 regarding this Agreement or any dispute related to this Agreement. Verde will attempt to resolve the dispute in an efficient, fair and timely manner. Verde will report the results of its investigation to Customer. Customer may also contact the Public Utilities Regulatory Authority at 1-800-382-4586, 10 Franklin Square, New Britain, Connecticut 06051, or www.ct.gov/pura.

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 savings offer, Customer must submit the first cash-back savings form within 6 months of receiving the first bill after enrollment and the second cash-back savings form within 6 months after completing six billing cycles with Verde Energy. Customer must have enrolled with Verde directly (not any other supplier) and have an active account when each completed cash-back savings form is processed to be eligible. Limit $100 in cash-back savings 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.

16. Governing Law and Arbitration: This Agreement is governed by the laws of the State of Connecticut, without regard to its choice of law principles. Any dispute arising between Customer and Verde will be submitted to binding arbitration in the State of Connecticut administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect. Verde will pay all AAA filing, administration, and arbitrator fees in connection with the arbitration, provided that the arbitrator does not determine that Customer’s claim is frivolous or brought for an improper purpose. THE ONLY PARTIES TO SUCH ARBITRATION WILL BE CUSTOMER (INDIVIDUALLY AND NOT ON A REPRESENTATIVE OR CLASS BASIS) AND VERDE, AND NO OTHER PARTY (INCLUDING OTHER CUSTOMERS) MAY BE JOINED IN SUCH ARBITRATION. As the only exception to arbitration, Verde and Customer retain the right to pursue in a small claims court located in the State of Connecticut any claim that is within the court’s jurisdiction and which proceeds on an individual basis and not on a representative or class basis. This paragraph shall survive the termination, cancellation or expiration of this Agreement.

17. Privacy: Verde’s Privacy Policy governs the way Verde uses Customer’s personal information. To review or obtain the current version of the Privacy Policy, or to obtain the contact information for Verde’s Privacy Policy Coordinator, please visit Verde’s website at www.verdeenergy.com; email us at privacy@verdeenergyusa.com; or write to us at Privacy Policy Coordinator, Verde Energy USA, Inc., 101 Merritt Seven Corporate Park, Second Floor, Norwalk, CT 06851. In general, Verde uses Customer’s personal information to allow Verde to provide the products and services that Customer has chosen and to manage and develop Verde’s business and operations, including informing Customer of products and services that carefully-selected third parties offer that may be of interest to Customer. Unless Customer contacts Verde and notifies Verde otherwise, by accepting electric service from Verde Customer consents to Verde collecting, retaining, using and disclosing Customer’s personal information in accordance with the Privacy Policy.

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