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Rate Schedule
-Located in the ‘Shopping Information Box’, Page 3
By checking off this box, I confirm and authorize
enrollment for the services chosen and have completely read, understood, agree and
accept the enrollment and all other disclosures and materials relating to the
Agreement
for the service(s), including:
This electronic acceptance of the Agreement is an
agreement to initiate services and commence enrollment. I hereby consent and
authorize SFE Energy to review and obtain information regarding my historical
consumption
information/data from the Utility and I authorize the release of such
information to SFE Energy. The information obtained may be used by SFE
Energy (and any of its affiliates, representatives or agents) to
determine whether it will initiate and/or continue to provide Natural Gas and/or
Electricity service(s) to me. The information obtained shall not be
disclosed to a third-party unless required by law.
The
authorization I provide will remain in effect during the course of the initial
term of this Agreement and any renewal term as well. At any time, you may
request a hard copy of this Agreement and SFE Energy
will provide you with one within 3 (three) business days after this request is
completed.
I understand that the supply of Natural Gas and/or Electricity
will be provided by SFE Energy. The delivery of the
energy services shall continue to be provided by the utility; and the utility
will also be available to respond to leaks or other emergencies should they
occur.
Within 3 calendar days after electronically
accepting the sales Agreement you may rescind this Agreement and authorization
with no penalty. Upon cancellation of the Agreement, SFE Energy will
provide you with a
cancellation Number. At anytime, you also may rescind your authorization
for the release of your information (by the utility). As mentioned above,
if you wish to request a hard copy of this Agreement or
wish to rescind the Agreement, please call into SFE Energy’s toll-free number at
1-877-316-6344 or email us at cs@sfeenergy.com. You may print a copy of
your Agreement summary (Disclosure Statement) as well
as your Terms and Conditions by clicking the hyperlinks above in the first
paragraph.
Set forth below are the Terms and Conditions applicable to the Agreement(s) for natural gas supply and/or electric generation service under which SFE Energy Pennsylvania, Inc. (“SFE”) agrees to sell and deliver to the Account Holder ("You/Your"), and You agree to purchase the natural gas supply and/or electric generation service from SFE. (together, the "parties").
| Account Holder | The name or names of the persons registered by the NGDC and/or EDC to deliver natural gas supply and/or electric generation services to the associated Service Address |
| Account Holder Agreement | The first page of SFE Energy Pennsylvania, Inc.'s Agreement(s) for the natural gas supply and/or electric generation services. |
| Agreement Document | This consists of the Account Holder Agreement including all the Terms and Conditions, 2 copies of the Notice of Cancellation and where applicable, the electric generation contract summary associated with the Agreement(s). |
| Basic Service Price(s) | Is the price for the natural gas supply and/or electric generation services as selected on the Account Holder Agreement |
| Ccf | A volumetric measurement of gas usage equal to 100 cubic feet of gas. |
| Distribution or Delivery Prices for Natural Gas | The charges for moving natural gas supply from the NGDC to Your Service Address. |
| Distribution or Delivery Prices for Electricity | The charges for moving electric generation services from the EDC to Your Service Address. |
| EDC | Electricity Distribution Company. |
| Electric Distribution Company Charges | Charges for delivering electricity over the EDC's distribution system to Your Service Address. |
| End Date | The last date of service under the Agreement(s). |
| Fixed Price Green Electricity | The Electricity Price selected on the first page of the Agreement is the same for 500, 1000, or 2000 kWh average monthly usage. |
| Fixed Price Eco Gas | The Natural Gas Price selected on the first page of the Agreement is the same for 15, 80, or 120 Ccf average monthly usage. |
| FERC | The Federal Energy Regulatory Commission, which regulates interstate pipeline prices and services |
| Generation Charge | Charge for production of electricity. |
| Interstate Pipeline Charges | Charges for utilizing interstate pipelines to deliver gas to the NGDC's distribution system. |
| kWh | Kilowatt Hour - A unit of measure of electricity. |
| Mcf | 1,000 cubic feet of gas. This is a measure of gas usage. |
| Natural Gas Utility Charges | Any charges from Your NGDC other than distribution prices for natural gas. |
| NGDC | Natural Gas Distribution Company. |
| Program | SFE Energy Pennsylvania, Inc. natural gas supply and/or electric generation services to Your Service Address. |
| PUC | The Pennsylvania Public Utility Commission, which regulates distribution prices and services. |
| Start Date | The date Your NGDC and/or EDC accepts SFE Energy Pennsylvania, Inc.'s request to enroll You in SFE Energy Pennsylvania, Inc.'s Program. This date is before Your Supply Date and after the date You sign the Agreement Document. |
| Supply Date | The date that You start receiving Your natural gas supply and/or electric generation services from SFE Energy Pennsylvania, Inc. |
| Therm | A measure of the heat content value of gas. Gas usage is determined by multiplying the Mcf used by the heat content value of the gas. |
| Transmission Charge for Electricity | The charge for moving high voltage electricity from a generation facility to the distribution lines of an electric distribution company. This charge is regulated by FERC. |
| Transmission Charge for Natural Gas | The charge for moving natural gas from the source to the NGDC City Gate (located outside of the municipality where You reside.) |
To: SFE Energy Pennsylvania, Inc. (“SFE”) and the local Natural Gas Distribution Company and Electric Distribution Company, for the service address (“Service Address”) on the Natural Gas and/ or Electricity Agreements (“Agreement(s)). For purposes of the Agreement(s), You will be deemed a residential customer if You are a customer for residential purposes.
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 supply and/or Electric generation services needs, and (ii) arranging, contracting for and administering transportation and related services over transmission facilities and those of the NGDC/EDC needed to deliver Natural Gas supply and/or Electric generation services to Your Service Address. The Agreement(s) is for the sale and purchase of Natural Gas supply and/or Electric generation services and is between SFE and You under which You shall initiate Natural Gas supply and/or Electric generation services and begin enrollment with SFE. 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 supply and/or electric generation services, as estimated by SFE, necessary to meet the requirements based upon consumption data obtained by SFE or the delivery schedule of Your NGDC/EDC. The amount of Natural Gas supply and/or electric generation services delivered under the Agreement(s) is subject to change based upon data reflecting Your consumption obtained by SFE or the NGDC/EDC delivery schedule. You acknowledge that You are the Account Holder, or spouse of the Account Holder, over the age of eighteen (18) and authorized to make account decisions.
2. Purchase and Sale. The Agreement(s) is for the sale and purchase of Natural Gas and/or Electricity and is between SFE and You, under which You shall initiate Natural Gas and/or Electricity supply and commence enrollment with SFE. This offer is available only to residential customers who are enrolling with SFE Energy for the first time. Customers who have previously enrolled with SFE Energy, including those whose prior contracts have expired or were terminated, are not eligible for this offer. The term for the Natural Gas and/or Electricity supply Agreement(s) (“Term”) shall be as indicated on the Contract Summary of the Agreement(s) and shall include SFE’s Earth Save Programs which consist of the Green Electricity Program (“Green Electricity”) and/or Eco Gas Program (“Eco Gas”), as indicated on the Contract Summary of 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 electric generation services, as estimated by SFE. Such will be subject to changes necessary to meet the requirements which shall be based upon consumption data obtained by SFE or the delivery schedule of Your NGDC/EDC. You acknowledge that 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 NGDC/EDC informing You that You have chosen SFE for Your Natural Gas and/or Electricity supplier (“Supplier”). SFE reserves the right to cancel this Agreement(s) if it is determined that You are currently under a Natural Gas and/or Electricity Agreement(s) with another retail Natural Gas and/or certified electric generation services company.
3. 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”) and SFE has determined that Your credit standing is satisfactory (see Section 12). SFE shall use reasonable efforts to commence service to You beginning on Your Start Date. You acknowledge, however, that the actual commencement of service under the Agreement(s) depends upon the date set by Your NGDC/EDC and will continue for the number of months as selected on the Contract Summary of the Agreement(s). You further acknowledge that the timing for the NGDC/EDC completion of the switching and enrollment processes (“Supply Date”) is beyond SFE’s control, and SFE makes no warranties as to Your Start Date or Supply Date. The meter reading date on which Your service commences may occur as early as three (3) business days after the Start Date. The End Date of the Agreement(s) is the meter reading date after the entire Term of the Agreement(s), as indicated on the Contract Summary of the Agreement(s), from the Supply Date, plus any time required to obtain a final meter read.
4. AGREEMENT(S) EXPIRATION/RENEWAL PROVISIONS/NOTICE OF CHANGE: (A) ELECTRIC GENERATION SUPPLY – IF YOU HAVE A FIXED DURATION AGREEMENT WITH SFE THAT IS APPROACHING THE EXPIRATION DATE, OR WHENEVER SFE PROPOSES TO CHANGE THE TERMS OF SERVICE IN ANY TYPE OF AGREEMENT, YOU WILL RECEIVE TWO (2) SEPARATE WRITTEN NOTIFICATIONS THAT PRECEDE EITHER THE EXPIRATION DATE OR THE EFFECTIVE DATE OF THE PROPOSED CHANGES. THESE NOTIFICATIONS WILL EXPLAIN YOUR OPTIONS GOING FORWARD. SFE WILL SEND YOU AN INITIAL NOTICE (“INITIAL NOTICE”) AT ABOUT FORTY-FIVE (45) TO SIXTY (60) DAYS PRIOR TO THE EXPIRATION DATE OF THE FIXED TERM AGREEMENT OR THE EFFECTIVE DATE OF THE PROPOSED CHANGE IN TERMS. IF YOU DO NOT CONTACT SFE, SFE WILL SEND YOU AN ADDITIONAL OPTIONS NOTICE (“OPTIONS NOTICE”) THIRTY (30) DAYS PRIOR TO THE EXPIRATION DATE OF YOUR FIXED TERM AGREEMENT. THIS NOTIFICATION WILL EXPLAIN YOUR OPTIONS GOING FORWARD, AND YOU WILL NOT FACE CANCELLATION FEES FROM THE DATE THE OPTIONS NOTICE IS RECEIVED TO THE DATE YOUR FIXED DURATION ELECTRICITY AGREEMENT EXPIRES. IF SFE IS BILLING YOU DIRECTLY FOR OUR SERVICES, THEN SFE WILL PROVIDE THE NOTICES AS A BILL MESSAGE, A BILL INSERT, OR IN A SEPARATE CORRESPONDING MAILING. IF THE EDC IS BILLING SFE’S CHARGES FOR US, THEN SFE WILL PROVIDE THE NOTICES IN SEPARATE CORRESPONDING MAILINGS. SFE WILL EXPLAIN YOUR OPTIONS TO YOU IN THESE TWO (2) ADVANCE NOTIFICATIONS. (B) NATURAL GAS SUPPLY – IF YOU HAVE A FIXED TERM AGREEMENT THAT IS APPROACHING THE EXPIRATION DATE, OR WHENEVER SFE PROPOSES TO CHANGE THE TERMS OF SERVICE, YOU WILL RECEIVE TWO (2) SEPARATE WRITTEN NOTIFICATIONS, THE FIRST APPROXIMATELY SIXTY (60) TO SEVENTY-FIVE (75) DAYS IN ADVANCE AND THE SECOND FORTY- FIVE (45) DAYS IN ADVANCE OF EITHER THE EXPIRATION DATE OR THE EFFECTIVE DATE OF THE PROPOSED CHANGES. THESE NOTIFICATIONS WILL EXPLAIN YOUR OPTIONS GOING FORWARD. IF SFE IS BILLING YOU DIRECTLY FOR OUR SERVICES, THEN SFE WILL PROVIDE THE NOTICES AS A BILL MESSAGE, A BILL INSERT, OR IN A SEPARATE CORRESPONDING MAILING. IF THE NGDC IS BILLING SFE’S CHARGES FOR US, THEN SFE WILL PROVIDE THE NOTICES IN SEPARATE CORRESPONDING MAILINGS. SFE WILL EXPLAIN YOUR OPTIONS TO YOU IN THESE TWO (2) ADVANCE NOTIFICATIONS. THE NOTIFICATIONS WILL INFORM YOU OF YOUR RIGHT TO RENEW, TERMINATE, OR RENEGOTIATE THE AGREEMENT(S). THE CURRENT AGREEMENT(S) BETWEEN YOU AND SFE WILL BE PROVIDED TO YOU WHENEVER A MATERIAL CHANGE IS MADE, FREE OF CHARGE TO YOU. AS TO YOUR RIGHTS, IF YOU FIND THE MATERIAL CHANGE UNACCEPTABLE, YOU MAY CHOOSE ANOTHER SUPPLIER OR RETURN TO NGDC/EDC. EXAMPLES OF MATERIAL CHANGES INCLUDE A CHANGE TO THE PRICING STRUCTURE OR EXTENSION OF THE INITIAL TERM. IF YOU DO NOT RESPOND TO THE NOTIFICATIONS YOUR SERVICE WITH SFE WILL CONTINUE UNDER THE TERMS AND CONDITIONS SENT WITH THE NOTIFICATIONS. ANY EARLY TERMINATION FEE FOR AGREEMENT(S) THAT ARE RENEWED IN THIS MANNER WILL BE WAIVED.
5. Pricing. SFE sets the Natural Gas supply and/or electric generation services price (“Price”) for the programs outlined on the Contract Summary of the Agreement(s) which are described below. The Electricity price includes applicable costs for delivery to the applicable Load Bus which includes, but is not limited to, transmission charges (where applicable) and applicable gross receipts tax, while excluding applicable state and local tax. The Natural Gas price includes applicable costs for transmission and delivery for gas delivered to Your NGDC/EDC’s city gate while excluding applicable state and local tax. In addition to the Price for the SFE program selected, You will pay NGDC/EDC charges. Savings are not guaranteed on any of the plans offered on this Agreement(s).
Fixed Price Plan:
If You have selected the Fixed Price Plan, the Price You will pay
to SFE for the Natural Gas
and/or electric generation services will be as selected on
the Contract Summary of the Agreement(s), which may,
if outlined on the Contract Summary of the Agreement(s),
include the cost of the SFE Energy’s Earth Save Programs
(see Section 7 for details).
Customer Charge:
You may be subject to a daily or monthly customer charge.
The monthly customer charge is based on a twenty-eight (28)
to thirty-one (31) day month and may be prorated based on
Your billing Period as outlined on the Contract Summary
of the Agreement(s). Where expressed as a daily amount,
the daily amount will be billed based on the number of
days in Your NGDC/EDC billing cycle. If Your utility is
UGI or if You are a Duquesne customer you will be subject
to a monthly customer charge. You will be billed in equal
monthly installments for the customer charge amounts as
indicated on your Electricity or Natural Gas Supplier
Contract Summary Page.
6. Billing. The Price Plan selected, along with Your NGDC/EDC charges, will appear in a single bill prepared by Your NGDC/EDC. You further acknowledge that, at some point during the Term of the Agreement(s), SFE may choose to bill You directly for all costs associated with the supply of Natural Gas and/or electric generation services, provided that You will not have to pay any additional fees or costs as a result of SFE billing You directly above and beyond the fees and costs mentioned herein. In the event that SFE bills You directly, SFE’s billing terms will be 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 any amounts owing by the due date indicated on the invoice. If You fail to pay on time, You shall pay 1% interest per month (12% per annum) on the unpaid amount, from the due date of payment 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. This process 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 NGDC/EDC is entitled to revise any bill if necessary to account for any reassessment by Your NGDC/EDC. Your NGDC/EDC will determine the amount of Natural Gas and/or Electricity that is delivered to the Service Address(es) and may do so by periodic meter reading, estimation, or allocation and SFE will be entitled to charge based on this information. You shall be responsible for all costs that relate to any failure to pay, including charges for dishonored checks, and any legal and collection costs. You have the right to request from SFE twice 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 therm/Ccf/ Mcf/kWh charged to You under an existing Agreement(s), we 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 or require deposits.
7. SFE Energy’s Earth Save Program. For the purposes of the Agreement(s), Eco 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 selected on the Contract Summary of the Agreement(s)) of CO2 or CO2e produced based on Your Electricity usage. Eco 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 1,000 Ccf (as selected on the Contract Summary of the Agreement(s)) of CO2 or CO2e produced based on Your Natural Gas usage. SFE will ensure that all Emissions Credits associated with Your Natural Gas and/or Electricity usage will be retired on Your behalf and will not be used to off any additional emissions or pollution. The Emissions Credits associated with the energy offsets purchased to offset Your Natural Gas and/or Electricity will remain the legal property of SFE. At the end of the Term of the Green Electricity Program and/ or Eco Gas Program, SFE or one of its affiliates, in partnership with American Forests, will plant a complimentary tree on Your behalf as part of a reforestation project. The location of the tree planting is determined by SFE, and will not be on the customer’s property. SFE may suspend the purchase of energy offsets at any time for any reason, at which time You will no longer be provided 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.
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 NGDC City Gate (located outside of the municipality where You reside) or EDC 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 supply and/or Electricity provided in these Agreement(s).
9. Cancellation Provision. Regardless of the Price Plan selected, You are liable for all SFE charges until You return to the NGDC/EDC’s default service or switch to another supplier. 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. You may rescind the Agreement(s), at no cost, at any time before midnight of the third business day after receiving a copy of this Agreement Document by contacting SFE. SFE is not permitted to waive Your three (3) day right of rescission. You agree that SFE may terminate the Agreement(s) at any time by providing forty-five (45) days’ written notice if SFE is unable to, or prevented from, complying with any of the obligations we owe to the NGDC/EDC or if the NGDC/EDC is unable to, or prevented from, complying with any of the obligations it owes to SFE. SFE may terminate the Agreement(s) if You are in default. To cancel/ rescind the Agreement, You should contact SFE by telephone or in writing at the contact information provided below in Section 17. If You move from Your current Service Address, the Agreement(s) will be deemed to be cancelled. See PA Code 54.5 (c)(7). SFE may cancel the Agreement(s) by providing ninety (90) days and forty-five (45) days’ written notice to You. The cancellation will become effective on a date determined by the NGDC/EDC. Reasons for cancellation may include but are not limited to:
Non-Payment - If Your Natural Gas supply and/or electric generation services is cancelled by Your NGDC/EDC, then the Agreement(s) is cancelled on the date that Your Natural Gas and/or electric generation services is cancelled.
Net Meter Customers - SFE may cancel the Electricity Agreement if SFE is notified that You have a net meter.
Customer Move - When a customer moves from one location to another, and if the move is outside the NGDC’s service territory, the Agreement is cancelled, regardless of whether the customer provides notice or not. When a customer moves from one location to another, and if the move is outside an EDC’s service territory, the Agreement is cancelled, regardless of whether the customer provides notice or not.
Usage - SFE reserves the right to decline the Agreement(s) if Your Natural Gas supply and/or electric generation services is determined by SFE to be too low. This determination shall be at the sole discretion of SFE. You are eligible for this Plan if Your annual usage does not exceed 15,000 kWh for Electricity supply and/or 1,500 therms/Ccf and/or 150 Mcf for natural gas supply as applicable.
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).
New Enrollments - SFE may cancel the agreement(s) if you are not a residential customer enrolling with SFE for the first time. Customers who have previously enrolled with SFE Energy, including those whose prior contracts have expired or were terminated, are not eligible for this offer.
10. Early Termination Fee. (A) Natural Gas Supply – For a residential customer, an early termination fee of $5.00 or $7.50 on SFE Energy’s Earth Save Program for each month or partial month remaining on the Agreement shall apply. (B) Electric Generation Services – For a residential customer, an early termination fee of $5.00 or $7.50 on SFE Energy’s Earth Save Program for each month or partial month remaining on the Agreement shall apply.
11. Assignment. You may not assign Your interests in or delegate Your obligations under this Agreement. 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, and may assign the Agreement(s) and the rights and obligations there- under, to another energy supplier, energy services company or other entity as authorized by the PUC, by providing You with thirty (30) days’ notice. If SFE assigns Your Agreement(s), Your Terms and Conditions will remain unchanged. Prior to any assignment, SFE will provide You, the NGDC/EDC, and PAPUC with notice. The notice will include the name and contact information of Your new supplier, as well as the estimated month and year the assignment would be expected to occur.
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 NGDC/EDC: consumption history; billing determinants and utility account number. 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 may consent to providing SFE with a copy of Your NGDC/ EDC bill(s) in order to process the Agreement(s) with the NGDC/EDC. SFE does not guarantee to provide or return the bill or a copy of the bill to You upon Your request. 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 thereof to SFE or by calling SFE’s Customer Care (see Section 17). SFE reserves the right to cancel the Agreement(s) in the event You rescind the authorization.
13. Warranty. The Agreement(s) for Natural Gas supply and/or electric generation services, including applicable attachments, constitutes the entire Agreement(s) for the supply of Natural Gas supply and/or electric generation 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, expressed or implied, including merchantability and fitness for a particular use.
14. SFE Rewards Program. As a SFE customer, You may receive access to “SFE Rewards”, at SFE’s sole discretion (by providing a valid email address when enrolling with SFE). SFE Rewards is an online reward program, which is both free and voluntary. The primary benefit of the SFE Rewards is an enrolled customer’s receipt of, and ongoing access to, select shopping, dining, and travel rewards, given on enrollment and refreshed at regular intervals, as determined by SFE, good for use on the deals, products, discounts on goods and services of Your choice. This is an ongoing, accrued monthly benefit to You. You understand that the manner in which a customer activates their reward, accesses their reward and related benefits, redeems their reward and related benefits, etc. is all online. Action on Your part is required to activate and claim Your reward. You are under no obligation to activate or use Your reward. SFE Rewards apply only to the Initial Term of the Agreement(s), not the renewal Term. If You are eligible for/active in SFE Rewards, SFE (or its agents) may send You email regarding SFE Rewards, subject to its email policy. Once You have activated Your account and/or reward, You will enjoy unlimited access to the SFE Rewards Program website for as long as You wish to access it, and are an active customer. Your account and/or reward is non-transferable and has no cash value. Your account and/or Your reward are not a gift card or a gift certificate, but rather a premium discount and couponing reward program used for shopping and dining discounts. Benefits are not for re-sale and are subject to change and availability. SFE Rewards is limited to residents of the United States and Canada only and to individuals over the age of eighteen (18). Benefits provided through SFE Rewards are provided by third parties and SFE shall not be responsible for the content, actions, or inactions of any such third party.
15. Force Majeure. SFE will make commercially reasonable efforts to provide Natural Gas supply and/or electric generation services hereunder but SFE does not guarantee a continuous supply of Natural Gas supply and/or electric generation services 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 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, non-performance by the NGDC/EDC (including, but not limited to, a facility outage on its Natural Gas supply and/or Electricity distribution lines), changes in laws, rules, or regulations of any governmental authority or any other cause beyond SFE's control.
16. Liability. To the fullest extent permitted by law, SFE shall not be liable for: (i) any claims, loss, injury or damages, whether based in contract, tort, strict liability or otherwise, with the exception of claims, loss, injury or damages to the extent caused by SFE's negligence, gross negligence, recklessness or intentional wrongdoing; or (ii) any indirect, consequential or special damages of any kind, including, without limitation, lost profits, even if SFE has been advised of the possibility of such damages, and whether based in contract, tort, strict liability or otherwise. There are no third-party beneficiaries to this Agreement(s).
17. Contact Information. You may contact SFE’s Customer Care at 1-877-316-6344 Monday through Friday 9:00 a.m. - 5:00 p.m. EST (Customer Care hours subject to change; see http://sfeenergy.com/contact/ for current hours). You may write to SFE at: SFE Energy Pennsylvania, Inc., P.O. Box 967, Buffalo, NY 14240-0967 or via email at cs@sfeenergy.com. SFE’s fax number is 1-866-421-8098. The name and telephone number of Your NDGC/EDC and Supplier of Last Resort is: PECO 1-800-494-4000; PPL 1-800-342-5775; Metropolitan Edison 1-800-545-7741; Duquesne Light 1-412-393-7100; PennPower 1-800-720-3600; West Penn Power 1-800-686-0021; Penelec 1-800-545-7741; UGI 1-800-276-2722; Peoples 1-800-764-0111; Columbia 1-888-460-4332; Philadelphia Gas Works (PGW) 1- 215-235-1000; National Fuel Gas1- 800-365-3234. The Utility Choice Hotline Number is 1-800-692-7380. Universal Service Programs: a) PECO: LIHEAP 1-800-344-3574; CAP, CARES, MEAF 1-800-774-7040; LIURP 1-800- 675-0222 b) PPL: LIHEAP 1-866-857- 7095; CARES 1-800-358-6623; WRAP 1-888-232-6302; Payment Assistance 1-800-358- 6623 c) Metropolitan Edison, Pennsylvania Electric, WestPenn Power, and Penn Power: LIHEAP 1-866-857-7095; CAP 1-888-282-6816; CARES 1-800-774-1674; Dollar Energy Fund 1-888-282-6816, WARM Program 1-800-207-9276 d) Duquesne Light: LIHEAP 1- 866-857-7095; CAP, CARES 1-888-393-7600 e) UGI: LIHEAP, CAP, CARES, Operation Share Fuel Fund 1-800-844-9276 f) Columbia: LIHEAP 1-800-272-2714; CAP and CARES 1-800-537-7431 g) Peoples: LIHEAP, CAP, CARES, LIURP 1-800-400-9276 h) Philadelphia Gas Works: LIHEAP, CAP, CARES 1-215-235-1000 i) NFG: Assistance Referrals, Out of Work 1-800-365- 3235. Information about shopping for a gas or electric supplier is available at www. PaGasSwitch.com, www.PaPowerSwitch.com, or other successor media platform as determined by the PUC by calling the PUC’s telephone number at 1-800-692- 7380, and the Office of Consumer Advocate at 1-800-684-6560, or at www.oca. state.pa.us. Pennsylvania Public Utility Commission: 400 North Street, Harrisburg, PA 17120 http://www.puc.pa.gov 1-800-692-7380.
18. Dispute Resolution. In the event of a question or concern about Your dispute or any other service term, please contact SFE. You should contact SFE by telephone or in writing at the contact information provided herein (see Section 17). The Parties agree to use their best efforts to resolve any dispute. If You are not satisfied after discussing Your terms with us, You may contact PUC at 1-800-692-7380.
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) is 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 Customer Care (see Section 17) to provide such written notification, including written notification of renewed tax exemption form. 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 meter read bill after such notice is received and acknowledged.
20. 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), SFE, at its sole discretion shall have the right to cancel the Agreement(s). SFE will provide advance notice to You if a change in Terms are offered.
21. 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.
22. 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.
23. 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.
24. 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.
25. Parties Bound. The Agreement(s) is binding upon the Parties hereto and their respective successors and legal assigns.
Rate below is only available to new residential customers enrolling with SFE Energy for the first time. You are eligible for the plan if your annual usage does not exceed 15,000 kWh for electricity supply and/or 1,500 therms/Ccf and/or 150 Mcf for natural gas supply.
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Cancellation fees may apply, $7.50 + taxes per month or partial month remaining on the agreement, see Terms and Conditions for details.