ELECTRONIC LETTER OF AGENCY AUTHORIZING CHANGE IN CUSTOMER'S ELECTRIC SERVICE PROVIDER TO ENERGY PLUS (“WE”, "US", “OUR”), A CERTIFIED RETAIL ELECTRIC SUPPLIER IN ILLINOIS
By this Letter of Agency, the Customer ("you") hereby affirm the following:
- You authorize the change of your electric service provider from your current provider to Energy Plus, in accordance with the Terms of Service which you are accepting as part of your enrollment with us;
- You are the Customer indicated in the enrollment request and the information about you and your electric account, including your billing name and address, is correct:
Customer Name: _____________________________
Billing Address: ______________________________
- You are aware that you will receive a promotional price for your first three bills and your price will be variable after that. We will determine the variable supply price in our discretion based on many different factors, which may include competitive prices, industry charges we are responsible for, applicable state and local taxes, profit margins, or other business conditions. For your reference, our prices include generation and transmission charges, but they do not include any utility distribution charges or other utility fee or charge;
- You are aware that if you enrolled in a plan with a percentage of green power, your price includes the cost for us to purchase Renewable Energy Certificates;
- You are aware that our current and historical prices are not an indicator of our future prices and we do not guarantee any savings;
- You are aware that our prices may be higher than your utility’s supply rate, and no matter what, we will not increase your variable price in any given month by more than 30% from the prior month’s supply price;
- You are aware that future correspondence will be by email or mail;
- You understand that you may opt to receive a written copy of the Terms of Service;
- You are aware that you may rescind your enrollment within ten (10) calendar days after your utility processes the enrollment request as indicated in the “Right to Rescind” section of the Terms of Service;
- You are aware that your utility (and not us) will continue to respond to any service calls and emergencies and switching to us will not impact your electric service reliability;
- You are aware that we are an independent seller of power and energy service and we are not representing, or acting on behalf of, a utility, governmental body, or consumer group;
- You are aware that you will receive a letter from your utility confirming your enrollment with Energy Plus;
- The full terms, conditions, and nature of the service to be provided to you by us have been clearly disclosed to you in the Terms of Service, of which you acknowledge receipt;
- You understand that this change in electric service provider may involve a charge by your current supplier. You have read your contract with your current supplier and understand what fees may be imposed by it for changing suppliers.
- You are the billing customer of record, and electronic acceptance of this Letter of Agency in the enrollment process will serve as the signed authorization of this Letter of Agency as of the date of acceptance.
Signed,
You, the Customer
UNIFORM DISCLOSURE STATEMENT
Enery Plus
P.O. Box 38815, Philadelphia, PA 19104
www.energypluscompany.com
1-877-580-3916, Mon-Fri 8am-8pm ET
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Price (in cents/kWh) and number of months this price stays in effect: |
Price of {price_in_cents} per kwh for months. | ||||||
| Utility Electric Price to Compare (PTC) (in cents/kWh): |
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| Energy Plus is not the same entity as your electric delivery company. You are not required to enroll with Energy Plus. Beginning on {nlapp_ptc_start_date}, the electric supply price to compare is {nlapp_IL_ptc_rate_1}. The electric utility electric supply price will expire on {nlapp_ptc_end_date}. The utility electric supply price to compare does not include the purchased electricity adjustment factor. For more information go to the Illinois Commerce Commission’s free website at www.pluginillinois.org. If applicable, the disclosure will also include the following statement: "The purchased electricity adjustment factor may range between +.5 cents and -.5 cents per kilowatt hour." | |||||||
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Other periodic charges: |
${product_monthly_service_charge} |
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| Total Price (in cents/kWh) with other periodic charges: |
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Length of contract: |
months. | ||||||
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Price after the initial price: |
Variable. Refer to Contract. | ||||||
| Contract Renewal | |
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| Contract Renewal: | Our Service will continue until either of us cancels the contract. |
| Right to Rescind and Cancel | |||
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| Rescission: |
You have a right to rescind (stop) your enrollment within 10 calendar days after the date on your electric utility's written notice confirming the switch of your supplier. You may call us at 1-877-580-3916 or your utility at or 1-800-334-7661(ComEd), or 1-800-755-5000 (Ameren) to rescind. |
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| Termination: | You have the right to terminate an agreement with an alternative retail electric supplier AT ANY TIME WITH NO TERMINATION FEES AND NO PENALTIES. You may call us at 1-877-580-3916 to terminate this contract. The limit on early termination fees and penalties shall not apply to charges or fees for devices, equipment, or other services provided by the alternative retail electric supplier. | ||
This is a sales solicitation and the seller is Energy Plus, an independent retail electric supplier. If you enter into a contract with the seller, Energy Plus will be your retail electric supplier. The seller is not endorsed by, representing, or acting on behalf of, a utility or utility program, a consumer group or a consumer group program, unless the ARES is, through the consumer group, offering services at prices, terms and conditions that are available solely to members of that organization, or a governmental body or program of a governmental body, unless the ARES has entered into a contractual arrangement with the governmental body and has been authorized by the governmental body to make the statements.
If you have any concerns or questions about this sales solicitation, you may contact the Illinois Commerce Commission's Consumer Services Division at 800-524-0795. For information about the electric supply price of your electric utility and offers from other retail electric suppliers, please visit PlugInIllinois.org.
Date:_______________ Agent ID: _____________________
EPH-IL-ELVAR-UDS-20230314
This document is a contract between us, Energy Plus, and you that allows us to switch your electricity account(s) to our service. We will begin supplying your electricity under this contract, but your utility will continue to be responsible for delivering your electricity and sending you a bill for both of our services. Your utility (and not us) will also continue to respond to any service calls and emergencies and switching to us will not impact your electric service reliability. We are certified by the Illinois Commerce Commission (“ICC”) as an Alternative Retail Electric Supplier to sell electric generation service in Illinois. We are an independent seller of power and energy service and we are not representing, or acting on behalf of, a utility, governmental body, or consumer group. You will receive a letter from your utility confirming your enrollment with us.
| Important Contract Information | |||||||||||||
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| Price for Your Electricity |
You'll receive a promotional electricity supply price of {app_desired_monthly_fee} for your first billing cycle(s) and your price will be variable after that. We will determine the variable supply price in our discretion based on many different factors, which may include competitive prices, industry charges we are responsible for, applicable state and local taxes, profit margins, or other business conditions. For your reference, our electricity supply prices include generation and transmission charges, but they do not include any utility distribution charges or other utility fee or charge. If you enrolled in a plan with a percentage of renewable energy, your price includes the cost to purchase Renewable Energy Credits as well as all of the above-listed factors. Our current and historical prices are not an indicator of our future prices and we do not guarantee any savings. Our prices may be higher than your utility’s supply rate. No matter what, we will not increase your variable supply price in any given month by more than 30% from the prior month’s supply price. For a one-year price history of our variable pricing, please call us at the number listed below or visit energypluscompany.com, and for your current monthly variable price, please call. |
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| Length of Your Commitment and Contract Renewal | Month-to-Month. We will begin providing service to you after your utility processes our request to switch your service. Our service will continue until either of us cancels the contract. | ||||||||||||
| Applicable Fees/Early Termination Fee | None. Note: Cancellation may take 1-2 billing cycles depending on your utility’s timeframe for processing the request. | ||||||||||||
| Statement Regarding Savings | Our current and historical prices are not an indicator of our future prices and we do not guarantee any savings. Our prices may be higher than your utility’s supply rate. | ||||||||||||
| Your Right to Rescind | You may rescind this contract before we submit the enrollment request to your utility by contacting us. You may also rescind within 10 calendar days after the utility processes the enrollment request by contacting us, or ComEd at 800-334-7661. | ||||||||||||
| About Your Service |
Energy Plus is an independent seller of electric power and energy service certified by the Illinois Commerce Commission. The seller is not representing, endorsed by, or acting on behalf of, a utility or utility program, a consumer group or consumer group program, or a governmental body or program of a governmental body. Your electric utility remains remonsible for the delivery of electric power and energy to the customer’s premises and will continue to respond to any service calls and emergencies. You will receive written notification from the electric utility confirming a switch of your electricity supplier. |
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| Important Phone Numbers |
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Our Right to Cancel: We have the right to cancel this contract for any reason as long as we give you thirty days' written notice, but if we are canceling the contract due to your conduct or your breach of this contract, you will have an opportunity to fix this condition within the thirty days. In the case of a Force Majeure event, we will give you fifteen days’ written notice of our intent to cancel this contract.
Your Authorization to Release Your Information for Use and Sharing: By entering into this contract, you authorize us to act on your behalf under your utility’s tariffs in accordance with the rules and regulations of the state public utility commission (“PUC”) where you take service. You further acknowledge that this contract provides authorization for your local utility to release all information regarding your energy supply account(s) to us so we can provide the services described herein. This information may include, but is not limited to, usage information, billing determinants, bill cycle, budget billing status, address, account type, tax exemption status, rate service class, load profile, demand data, meter number, special account exceptions, public assistance status, existence of medical emergencies or disability, tax status and eligibility for economic development or other incentives, standard service status, electronic interval data when available, credit information when applicable, and all other data and information permitted by law to be disclosed to us to provide our services.
We also obtain information about you as outlined in our privacy policy (posted on our website) such as when you voluntarily provide personal information to us, use our website or mobile applications, or when we add information about you to your account profile from publicly available sources.
We will maintain the confidentiality of your personal information including your name, address, telephone number, email, account numbers, electric usage and historic payment information as required by applicable PUC regulations as well as federal and state laws.
Our use and sharing of your information will be consistent with the purposes and uses disclosed in our privacy policy, as amended from time to time and posted on our website. Your information may be disclosed if required by law, such as pursuant to a lawfully issued subpoena or other legal process. Further, you understand that your information may be disclosed to an affiliate or a third-party to provide services or products to you, and any disclosure of such information will be made under confidentiality obligations not to disclose such information and to use it solely for the purpose of providing services to you or improved products to us. This authorization also allows us to contact you about our other products and services and to share information about your account with any designated rewards partner or with any affiliate, third-party vendor or marketing partner we use to provide services and rewards to you. We reserve the right to share your information with our affiliates and marketing partners, to the extent permitted by law and/or as authorized when you provide your consent.
If you do not wish for us to use or share information about your account in the manner described above, you may cancel this contract by calling us at our contact information listed herein.
Billing: Your local utility is responsible for sending you a bill that includes the charges for our service and charges for the utility’s service. If there are any inaccuracies with the portion of the bill for our services, you agree to notify us within ninety days after the date of the bill or you are waiving any right to dispute the billed amounts to the extent permitted by law.
Taxes: Any applicable tax charges are included on the one bill you will receive from your utility. If you are exempt from any taxes, you are responsible for requesting an exemption by filing all required documentation with us and/or your utility.
Contract Changes: If we propose a material change to the terms of this contract, we will notify you in advance and explain your options going forward. We will not change or alter the waiver of jury trial provision under any circumstances, and any changes to this contract must be made in writing.
Customer Complaints: If you have questions about our prices or our service, you should call us at the contact information listed below. If you are not satisfied with the response from our Customer Care representative, you may ask that your questions be referred to one of our supervisors, who will respond promptly. If you remain unsatisfied with our attempts to resolve the issue, you may seek assistance from the Illinois Commerce Commission (ICC) or request information from the ICC regarding your consumer protection rights. The ICC’s contact information is listed below.
CONTACT INFORMATION:
ENERGY PLUS:
Mailing address: P.O. Box 38815, Philadelphia, PA 19104
Email address: ilsupport@energypluscompany.com
Telephone number: 1-877-580-3916
We are certification by the Illinois Commerce Commission and our certification number is DOCKET NO. 10-0479.
YOUR UTILITY:
If you experience a power outage or other emergency, a problem with your electric meter or any other service need, please contact your local utility at the emergency number below.
Com Ed
Residential - 800-334-7661
Business - 877-426-6331
ILLINOIS COMMERCE COMMISSION:
Internet address: www.icc.illinois.gov
Mailing address: Illinois Commerce Commission
527 East Capitol Ave, Springfield, IL 62701
Telephone number: 800-524-0795
Assignment: We may sell, transfer, pledge or assign the accounts, revenues or proceeds associated with this contract in connection with any financial contract, and we may assign the rights and obligations under this contract to another energy supplier consistent with applicable law. You may not assign this contract.
No Reliance: You acknowledge that (1) you are not relying on any advice, statements, recommendations or representations of ours other than the written representations in this contract; (2) that you understand the risks of entering into this contract, including the risk that our prices may be higher than your utility’s rates, and you are capable and willing to assume those risks; and (3) you have made your own decision to enter into this contract, after consultation with your own advisors to the extent you deem necessary.
Force Majeure: We do not guarantee a continuous supply of electricity as certain Force Majeure events outside of our control may cause interruptions in service. In this case, 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. "Force Majeure" includes, without limitation, acts outside of our control, sabotage, riots or civil disturbances, acts of God, acts of the public enemy, acts of vandalism, terrorist acts, natural disasters, explosions, fires, or similarly cataclysmic occurrence, failure, shortage or unavailability of generating units or transmission facilities, nonperformance by your local utility, or any change in law or any other action by a governmental authority that materially impairs our ability to perform our obligations under this contract. We will give you reasonably prompt notice of any Force Majeure occurrence.
Severability: If any provision of this contract is held to be unenforceable or invalid by any arbitrator or court of competent jurisdiction, we will negotiate an amendment of the affected provisions with you, and the validity and enforceability of the remaining provisions shall not be affected.
LIMITATIONS ON WARRANTY AND DAMAGES: THE ELECTRICITY PROVIDED UNDER THIS CONTRACT WILL MEET THE QUALITY STANDARDS OF YOUR UTILITY. YOU UNDERSTAND AND AGREE THAT THERE ARE NO OTHER WARRANTIES ASSOCIATED WITH THE SERVICE PROVIDED BY US. WE HAVE NO LIABILITY OR ASSOCIATED LOSS OR DAMAGE FOR SERVICE INTERRUPTIONS. LIABILITIES NOT EXCUSED SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES. THE LIMITATIONS IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES ARE WITHOUT REGARD TO THE CAUSE OR CAUSES OF THE HARM OR LOSS.
ARBITRATION AND WAIVER OF JURY TRIAL:
YOU HAVE THE RIGHT TO FILE A COMPLAINT WITH THE ILLINOIS COMMERCE COMMISSION TO ADDRESS ANY CONCERN OR DISPUTE YOU HAVE REGARDING YOUR SERVICE. ANY DISPUTE, CONTROVERSY OR CLAIM WITH THIS CONTRACT, SHALL BE FINALLY RESOLVED BY THE ICC OR BY ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) CONDUCTED UNDER THE AAA COMMERCIAL RULES AND THE CONSUMER-RELATED DISPUTES SUPPLEMENTARY PROCEDURES, OR, AT THE ELECTION OF EITHER PARTY, BROUGHT AS A SMALL CLAIMS ACTION, IN THE DISTRICT COURT OF ILLINOIS (“SMALL CLAIMS COURT”), IF THE DISPUTE OR CLAIM IS WITHIN THE SCOPE OF ITS JURISDICTION.
BY ENTERING INTO THIS CONTRACT, YOU ARE GIVING UP YOUR RIGHTS TO SEEK REMEDIES IN COURT, AND THE RIGHT TO A JURY TRIAL. THE ABILITY TO CONDUCT DISCOVERY IN ARBITRATION IS LIMITED AND THE ARBITRATOR’S DECISION IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. THE AAA SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY PORTION OF THIS ARBITRATION PROVISION.
THE PARTIES AGREE THAT ALL CLAIMS INCLUDING STATUTORY, STATE OR FEDERAL CLAIMS, MAY BE MADE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS CONTRACT DOES NOT PERMIT CLASS ACTIONS, EITHER IN ARBITRATION OR THROUGH A COURT PROCEEDING. AAA MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IN THE EVENT THE PROHIBITION ON CLASS ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID. JUDGMENT ON THE ARBITRATOR’S AWARD CAN BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE, AND THUS THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
EPH-IL-PEV04-20220928