To: SFE Energy Maryland, Inc. (“SFE”) and the NGU/EDU
(“Utility”) for the service address ("Service Address") on
the Agreement(s).
TERMS AND CONDITIONS
1. Agency. You hereby appoint SFE as agent
for the purposes of (i) acquiring the supplies necessary to
meet Your Natural Gas and/or Electricity supply needs, and
(ii) arranging, contracting for and administering
transportation and transmission facilities and related
services over transportation/transmission facilities and
those facilities of the Utility needed to deliver Natural
Gas and/or Electricity supply to Your Service Address. The
Agreement(s) is/are for the sale and purchase of Natural Gas
and/or Electricity supply and is/are between SFE and You
under which You shall initiate Natural Gas and/or
Electricity supply and begin enrollment with SFE (the
"Agreement(s)"). Subject to the Terms and Conditions of the
Agreement(s), SFE agrees to sell and deliver, and You agree
to purchase and accept the quantity of Natural Gas and/or
Electricity supply, as estimated by SFE, necessary to meet
the requirements based upon consumption data obtained by SFE
or the delivery schedule of Your Utility. The amount of
Natural Gas and/or Electricity supply delivered under the
Agreement(s) is/are subject to change based upon data
reflecting Your consumption obtained by SFE or the Utility
delivery schedule. You are the account holder, or spouse of
the account holder, over the age of eighteen (18), and
authorized to make account decisions. You will receive a
letter from Your Utility as well as SFE, informing You that
You have chosen SFE as Your supplier for Natural Gas and/or
Electricity supply.
2. Length of Agreement(s). You acknowledge
that the commencement of the Agreement(s) begins on the date
on which You have signed the Agreement(s) ("Start Date").
You acknowledge that the service under the Agreement(s)
depends upon the date on which Your Utility completes all
applicable switching and enrollment processes ("Supply
Date"). You further acknowledge that the timing for the
Utility's completion of the switching and enrollment
processes is beyond SFE's control, and SFE makes no
warranties as to Your Supply Date. The end date ("End Date")
of the Agreement(s) is/are the meter reading date after the
entire Term of the Agreement(s), as indicated on Your
Contract Summary, from the Supply Date, plus any time
required to obtain a final meter read. The Term of Your
Agreement(s) is/are the period from the Supply Date to the
End Date.
3. Agreement(s) Expiration/Renewal Provisions/Change
in Terms: SFE will send You written notice of
the pending renewal of the Agreement(s) with an option to
automatically renew forty-five (45) days before the
automatic renewal is scheduled to occur. SFE will explain
Your options ("Options") to You in this notification. You
will also receive advance Options notice ("Notice") when SFE
proposes any changes to the contract terms. The Options
Notice will be sent at least forty-five (45) days prior to
the effective date of any changes to the terms of Your
Agreement(s). If You do not respond to Your Options Notice,
Your service with SFE will continue under the current Terms
and Conditions provided in Your Options Notice, unless
either You or SFE provide the other with at least forty-five
(45) days' written notice of cancellation.
4. Pricing. SFE sets the Natural Gas supply
and/or electric generation service Price for the programs as
indicated on Your Contract Summary which are described
below. The Electricity Price includes applicable costs for
delivery to the applicable Load Bus while excluding
applicable state and local tax. The Natural Gas Price
includes applicable costs for transmission and delivery for
Natural Gas delivered to Your Utility's city gate while
excluding applicable state and local tax. In addition to the
Price for the SFE program chosen, You will pay Utility
charges. Savings are not guaranteed on any of the Plans
offered on this Agreement(s).
Fixed Plan:
If You have selected the Fixed Plan, the Price You will pay
to SFE for the Natural Gas and/or electric generation
services will be as outlined in Your Terms and Conditions,
which may, if outlined on the front page of the
Agreement(s), includes the cost of the SFE Green Programs
(see Section 6 for details).
Daily Plan:
If You have selected the Daily Plan, the Price You will pay
for Natural Gas and/or electric generation services outlined
in Your Terms and Conditions, which includes the cost of the
SFE Green Programs (see Section 6 for details) and will be
based on the number of days in the applicable billing
period.
You are eligible for the Daily Plan if Your annual
consumption does not exceed 1,500 therms for Natural Gas
and/or 15,000 kWh for electric generation services. Savings
are not guaranteed on any of the Plans offered on this
Agreement(s).
Customer Charge: You may be subject to a
monthly customer charge in the amount of $6.98 per
commodity, which includes commodity related charges. If Your
NGU is Washington Gas, You may pay a customer charge in the
amount of $4.98, which includes commodity related charges.
Where expressed as monthly amount, the monthly amount is
based on a thirty (30) day month and may be prorated based
on Your Utility’s billing cycle.
5. Fulfillment/LED Bulb Offer. Should the
Agreement(s) become effective in accordance with Section 2
of the Terms and Conditions, SFE will issue four (4) free
energy saving LED light bulbs (“LED bulbs”) to the Billing
Address. LED bulbs will be sent after You contact SFE (see
Section 17) with the request. To be eligible You must have
received continuous, uninterrupted service from SFE for a
minimum of three (3) months for the Natural Gas and/or
Electricity from the Supply Date and be an active customer
at the time of Your request. All LED bulbs offered under
this Agreement will be covered by a lifetime warranty as
long as You remain enrolled in the Fixed and/or Flat Plan.
Please contact SFE (see Section 17) for any warranty
inquiries.
6. SFE's Green Programs. For the purposes
of the Agreement(s), Green means carbon emission reduction
offsets or credits measured in metric tonnes of carbon
dioxide gas or (in the case of methane or other greenhouse
gases) carbon dioxide equivalent ("CO2e") tonnes resulting
from specific and identifiable actions. Green Electricity:
SFE will purchase and retire, on Your behalf, an amount of
verified carbon emissions reductions, instruments or
allowances ("Emissions Credits") to offset 100% (as
indicated on Your Contract Summary) of CO2 or CO2e produced
based on Your Electricity usage amount. The Emissions
Credits associated with the energy offsets purchased to
offset Your Electricity will remain the legal property of
SFE. SFE will ensure that all Emissions Credits associated
with Your Electricity usage will be retired on Your behalf
and will not be used to offset any additional emissions or
pollution. Green Gas: SFE will purchase and retire, on Your
behalf, an amount of verified carbon emissions reductions,
instruments or allowances ("Emissions Credits") to offset
1.5 tonnes per 1000 therms (as indicated on Your Contract
Summary) of CO2 or CO2e produced based on Your Natural Gas
usage amount. The Emissions Credits associated with the
energy offsets purchased to offset Your Natural Gas will
remain the legal property of SFE. SFE will ensure that all
Emissions Credits associated with Your usage will be retired
on Your behalf and will not be used to offset any additional
emissions or pollution. SFE, or one of its affiliates, will
plant a tree on Your behalf when You select to purchase
Emissions Credits under the GreenGas or Green Electricity
Program. SFE may suspend the purchase of energy offsets at
any time for any reason, at which time You will no longer be
charged for energy offsets, but the rest of the Agreement(s)
will remain in effect. SFE reserves the right, in its sole
discretion, to change this program and the environmental
initiatives it supports. You acknowledge that the Price for
energy offsets is not regulated.
7. Billing. The Price, along with any
Utility charges, will appear in a single bill •prepared by
Your Utility. If Your Utility does not bill You for SFE
charges, then SFE may choose to bill You, or may return You
to Your Utility supply service. You acknowledge that at some
point during the Term of the Agreement(s), should SFE choose
to bill You directly, You will be billed for all costs
associated with the •supply and delivery of Natural Gas
and/or Electricity. You further acknowledge that in the
event that SFE bills You directly, SFE's billing terms are
as follows: SFE shall invoice You monthly for all amounts
due to SFE pursuant to the Agreement(s) for the applicable
billing period; You shall pay to SFE in full all amounts
owing by no later than the due date indicated on the
invoice; failure to pay Your bill on time may result in a 1%
interest charge per month (12% per annum) on the unpaid
amount(s), from the due date of invoice until payment is
received in full. Past due balances or Your failure to make
and meet payment arrangements will result in Your account
being put into a collection process, which may include
transfer to a third-party collection agency and, termination
of Your Agreement(s) with a minimum of fourteen (14) days
written notice. SFE, or Your Utility, is entitled to revise
any bill if necessary to account for any reassessment by
Your Utility. You have the right to request from SFE twice
(2x) within a twelve (12) month period, up to twenty-four
(24) months of Your payment history without charge. If, due
to a change in market conditions, SFE wishes to lower the
Price per kWh/therm or per day charged to You under an
existing Agreement(s), it may do so without consent provided
there are no other changes to the Terms and Conditions to
the Agreement(s). SFE does not offer budget billing.
8. Title. All Natural Gas and/or Electricity
supply sold under the Agreement(s) shall be delivered to a
location considered the "Point of Delivery", which shall be
at the NGU City Gate (located outside of the municipality
where You reside) or EDU load bus, and shall constitute the
point at which title transfers and the sale occurs. SFE will
indemnify and hold You harmless from all taxes, royalties,
fees or other charges incurred before title passes with
respect to the Natural Gas and/or Electricity supply
provided in these Agreement(s).
9. Cancellation Provision. Regardless of the
Price You chose, You are liable for all SFE charges until
You return to the Utility default service or You switch to
another supplier. You may cancel the Agreement(s), at no
cost, at any time before midnight of the third business day
after receiving a copy of the Agreement(s) by contacting SFE
(see Section 17). If You plan to move to another location,
You may transfer this Agreement by notifying SFE (see
Section 17), of Your new Service Address at least fortyfive
(45) days in advance of the anticipated relocation date.
Upon receipt of such notice, SFE will use reasonable
commercial efforts to continue the Program contemplated by
the Agreement(s) for the remaining Term of the Agreement(s)
at the new Service Address. Your Utility may provide to SFE
a notification of a change of address within Your Utility
supply service and, when SFE receives such notice, it will
use reasonable •commercial efforts to continue the Program
contemplated by the Agreement(s) for the remaining Term of
the Agreement(s) at the new Service Address. Otherwise, the
Agreement(s) shall be automatically cancelled. You also
agree to notify SFE in writing of any other change of
information (including a change of account number, contact
information or mailing address) at least sixty (60) days
prior to such change taking effect or immediately if the
change is to take effect in less than sixty (60) days. If
You move from one location to another, a final bill will be
rendered after the final scheduled meter reading. However,
if a final meter reading is unavailable, an estimate of
consumption will be used in the final bill, which will be
trued-up subsequent to the final meter reading. The
cancellation will become effective on a date determined by
Your Utility. If a new provider is not selected,
cancellation of the Agreement(s) shall return You to Your
Utility supply service. If SFE seeks to cancel the
Agreement(s), SFE will send You advance written notice
within forty-five (45) days. Reasons for cancellation may
include but are not limited to:
Non-Payment - If Your Natural Gas and/or
Electricity supply service is/are cancelled by Your Utility,
then the Agreement(s) is/are cancelled on the date that Your
Natural Gas and/or Electricity supply service is/are
cancelled.
Net Meter Customers - SFE may cancel the
Electricity Agreement if SFE is notified that You have a net
meter.
Usage - SFE reserves the right to decline
the Agreement(s) if Your Natural Gas and/or Electricity
supply usage is/are determined by SFE to be too low. This
determination shall be at the sole discretion of SFE.
Material Breach - You have breached the
Agreement(s) in any way.
Regulatory Changes - If, at some future date, there is a
change in any law, rule, regulation or pricing structure
whereby SFE is prevented, prohibited, or frustrated from
carrying out the terms of the Agreement(s).
10. Early Cancellation Fee. (A) Natural Gas
Supply - For a residential customer, an early termination
fee of $7.50 on the Green Program for each month or partial
month remaining on the Agreement will apply. (B) Electric
Generation Supply - For a residential customer, an early
termination fee of $7.50 on the Green Electricity Program
for each month or partial month remaining on the Agreement
will apply. If You have chosen the Fixed Plan and You are a
small commercial customer, an early termination fee of $0.18
per therm for the estimated usage of Natural Gas supply
and/or $0.015 per kWh for the estimated usage of the
Electricity supply service, plus applicable taxes, for the
remainder of the Agreement(s) shall apply.
11. Assignment. You may not assign Your
interests in, and/or delegate Your obligations under the
Agreement (s) without the express written consent of SFE.
SFE may sell, transfer, pledge, or assign the accounts
receivable, revenues, or proceeds hereof, in connection with
any financing agreement, purchase of accounts receivable
program or billing services agreement. SFE may assign the
Agreement(s) and the rights and obligations thereunder, to
another energy supplier, energy services company or other
entity as authorized by the MPSC, by providing You with at
least forty-five (45) days' notice.
12. Information Release Authorization. You
acknowledge and authorize SFE to obtain and review
information regarding Your credit history from credit
reporting agencies and the following information from the
Utility: consumption history; billing determinants; Utility
account number; credit information; and public assistance
status. This information will not be disclosed to a third
party unless required by law. Your execution of the
Agreement(s) shall constitute authorization for the release
of this information to SFE. You consent to provide SFE with
a copy of Your Utility bill(s) in order to process the
Agreement(s) with the Utility. SFE does not guarantee to
provide or return the bill or a copy of the bill to You.
This authorization will remain in effect during the Initial
Term and any renewal Term of the Agreement(s). You may
rescind this authorization at any time by providing written
notice to SFE or by calling SFE at 1-877-316-6344. SFE
reserves the right to cancel the Agreement(s) in the event
You rescind the authorization.
13. Warranty. The Agreement(s) for Natural
Gas and/or Electricity supply, including applicable
attachments, constitutes the entire Agreement(s) for the
supply of Natural Gas and/or Electricity services between
You and SFE. SFE makes no representations or warranties
other than those expressly set forth in the Agreement(s),
and SFE expressly disclaims all other •warranties, express
or implied, including •merchantability and fitness for a
particular use.
14. Change in Law. SFE may pass through or
allocate, as the case may be, any increase or decrease in
our costs or cost components (including changes to rate
calculation) related to the Natural Gas and/or Electricity
supply service and related products and services that
results from the implementation of a new (or changes to any)
law, rule, regulation, ordinance, statute, judicial
decision, administrative order, ISO business practice or
protocol, Natural Gas and/or Electricity supply service or
ISO tariff, rule of any regulatory commission or agency with
jurisdiction in the state in which the accounts are located.
Such increases or decreases will be included in subsequent
invoices or billing to You. The changes as described here
may change any or all of the components described within
this Agreement regardless of how they are classified.
15. Force Majeure. SFE will make
commercially reasonable efforts to provide Natural Gas
and/or Electricity supply hereunder but SFE does not
guarantee a continuous supply of Natural Gas and/or
Electricity supply to You. Certain causes and events out of
the control of SFE ("Force Majeure Events") may result in
interruptions in service. SFE will not be liable for any
such interruptions caused by a Force Majeure Event, and SFE
is not and shall not be liable for damages caused by Force
Majeure Events. Force Majeure Events shall include but are
not limited to acts of God, fire, flood, storm, terrorism,
war, civil disturbance, acts of any governmental authority,
accidents, strikes, labor disputes or problems, required
maintenance work, inability to access the necessary
distribution or transmission system, nonperformance by the
Utility (including, but not limited to, a facility outage on
its Natural Gas and/or Electricity supply distribution
lines), changes in laws, rules, or regulations of any
governmental authority or any other cause beyond SFE's
control.
16. Liability. The remedy in any claim or
suit by You will be solely limited to direct actual damages.
By entering into the Agreement(s), You waive any right to
any other remedy in law or equity. In no event will either
SFE or You be liable for consequential, incidental,
indirect, special or punitive damages. These limitations
apply without regard to the cause of any liability or
damages. There are no third-party beneficiaries to the
Agreement (s).
17. Contact Information. You may contact
SFE's Customer Care at 1-877-316-6344 Monday through Friday
9:00 a.m. - 9:00 p.m. EST and Saturday 12:00 p.m. - 6:00
p.m. EST (Customer Care contact center hours subject to
change). You may write to SFE at: P.O. Box 967, Buffalo, NY
14240-0967 or via email at cs@sfeenergy.com. SFE's fax
number is 1-866-421-8098.
18. Dispute Resolution. In the event of a
question or concern, please contact SFE. You should contact
SFE by telephone or in writing at the contact information
provided (see Section 17). The Parties agree to use their
best efforts to resolve any dispute. If You are not
satisfied after discussing Your concerns with SFE, You may
contact the MPSC at: a) 1-800-492-0474 b) write to 6 St.
Paul St, 16th Floor Baltimore, MD 21202 or c)internet site:
https://www.psc.state.md.us/.
19. Taxes and Laws. Except as otherwise
provided in the Agreement(s) or provided by law, all taxes
of whatsoever kind, nature, and description due and payable
with respect to service provided under the Agreement(s),
shall be paid by You, and You agree to indemnify SFE and
hold SFE harmless from and against any and all such taxes.
The Agreement(s) are subject to present and future
legislation, orders, rules, regulations, or decisions of a
duly constituted governmental authority having jurisdiction
over the Agreement (s) or the services to be provided
hereunder. If You are exempt of any taxes it is Your
responsibility to contact SFE Customer Care (see Section 17)
to provide such written notification, including written
notification of renewed tax exemption. Otherwise, until You
provide such proof, SFE is not required to recognize any
exemption or refund/credit previously paid taxes. Tax
exemption will only occur on the next bill after such notice
is received and acknowledged. The Agreement(s) shall be
construed under and shall be governed by the laws of
Maryland without regard to the application of its conflicts
of law principles.
20. ARBITRATION. THE PARTIES AGREE THAT, AT
THE REQUEST OF EITHER PARTY, ANY DISPUTE, CLAIM, OR
CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT(S),
INCLUDING ITS EXISTENCE, PERFORMANCE, INTERPRETATION,
BREACH, VALIDITY, OR TERMINATION, AND WHICH ARE NOT
OTHERWISE RESOLVED BY THE PARTIES SHALL BE SUBJECT TO AND
FINALLY RESOLVED BY INDIVIDUAL ARBITRATION ONLY, EXCEPT THAT
ANY DISPUTE OR CLAIM THAT MAY BE BROUGHT IN SMALL CLAIMS
COURT OR ANY CLAIM THAT CANNOT BE ARBITRATED UNDER
APPLICABLE LAW SHALL NOT BE SUBJECT TO ARBITRATION. ANY SUCH
ARBITRATION SHALL BE THE PARTIES' SOLE AND EXCLUSIVE REMEDY.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT ANY SUCH
DISPUTE WILL BE DECIDED BY A NEUTRAL THIRD PARTY OUTSIDE OF
COURT AND THAT YOU AND SFE ARE WAIVING YOUR RIGHTS TO SUE IN
A COURT OF LAW AND TO HAVE A JURY TRIAL REGARDING SUCH
DISPUTE. YOU AGREE THAT SUCH ARBITRATION PROVIDES YOU WITH A
MEANINGFUL AND AFFORDABLE WAY TO HANDLE DISPUTES RELATED TO
THIS AGREEMENT. The arbitration will be administered in
accordance with the Rules of Arbitration of the state where
the Service Address is located. The arbitrator(s) shall not
have authority to join or combine the claims of more than
one person or to hear or decide any class, collective or
representative action of any kind against You or SFE. The
award of the arbitrator shall be final and binding and
judgment on it may be entered in any court of competent
jurisdiction. The arbitration shall take place in the county
seat of the county in which You reside. You and SFE shall
each pay their own filing and legal fees and other expenses,
unless provided otherwise by law or this Agreement. The
interpretation and enforcement of this arbitration provision
shall be governed by the Federal Arbitration Act. The
arbitrator(s) selected according to the terms set forth
herein shall determine the arbitrability of any matter
brought to them, and their decision shall be final and
binding on the Parties in all respects. This provision shall
survive termination of this Agreement.
21. CLASS ACTION WAIVER AND OTHER
RESTRICTIONS. ARBITRATION SHALL PROCEED SOLELY
ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY CLAIMS TO
BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING
CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON
BEHALF OF OTHERS. YOU AND SFE EXPRESSLY WAIVE THE RIGHT TO
COMMENCE, BE A PARTY TO, JOIN IN OR BE AN ACTUAL OR PUTATIVE
CLASS MEMBER OF ANY CLASS, COLLECTIVE, GROUP, JOINT, OR
REPRESENTATIVE ACTION OF ANY KIND IN ANY FORUM, INCLUDING IN
COURT AND ARBITRATION, ARISING FROM OR RELATED TO THIS
AGREEMENT. The arbitrator's authority to resolve and make
written awards is limited to Claims between You and SFE
alone. Claims may not be joined or consolidated unless
agreed to in writing by all Parties. No arbitration award or
decision will have any preclusive effect as to issues or
claims in any dispute with anyone who is not a named Party
to the arbitration. Notwithstanding any other provision in
these Terms and Conditions, and without waiving either
Party's right of appeal, if any portion of this "Class
Action Waiver and Other Restrictions" provision is deemed
invalid or unenforceable, then the entire Arbitration
Provision (other than this sentence) shall not apply. This
provision shall survive termination of this Agreement.
22. WAIVER OF JURY TRIAL. SUBJECT TO ANY
AGREEMENT TO ARBITRATE BETWEEN YOU AND SFE, YOU AND SFE
WAIVE THE RIGHT TO A JURY TRIAL IN ANY CLAIM OR DISPUTE
ARISING BETWEEN THE PARTIES ARISING FROM OR RELATED TO THIS
AGREEMENT THAT PROCEEDS IN COURT, AND AGREE THAT THE CLAIM
OR DISPUTE WILL BE HEARD AND DECIDED ONLY BY A JUDGE. This
provision shall survive termination of this Agreement.
23. Delay or Failure to Exercise Rights. No
partial performance, delay, or failure on the part of SFE in
exercising any rights under the Agreement(s), and no partial
or single exercise thereof, shall constitute a waiver of
such rights or of any other rights hereunder.
24. Parties Bound. The Agreement is binding
upon the parties hereto and their respective successors and
legal assigns.