TEXAS RESIDENTIAL TERMS OF SERVICE 1. 2. 3.
Infinite Infini te Energy will sell to You, and You You will purchase from Infinite Energy, Energy, all of your electricity electricity needs for the service addresses addresses specified in this this Agreement (“Service”). As your your REP, REP, Infinite Infinite Ene Energy rgy will arrange arrange for the delivery of your Service to You. LENGTH OF AGREEMENT. This Agreement will begin on the date You enter into this Agreement and continue, at a minimum, for the length of time stated in the the EFL. EFL. If You are a new Custom Customer, er, your Service and rate will begin begin on the date of your first first meter read following following your confirmed enrollment; if You are a current Customer, your Service will continue and your rate will begin upon expiration of your existing Infinite Energy rate. CONTRACT VOLUME. For the purposes of locking locking in your rate, if You select a Fixed Rate, Rate, Infini Infinite te Energy wil willl base your monthly expected volume for the Length of this Agreement on either one or a combination of the following methods: 3.1. HISTORICAL USAGE: your previous twelve months consumption; or 3.2. ESTIMATED USAGE: an estimate based on similarly situated customers’ consumption. CREDIT. By applying for Service, You agree Infinite Energy may review your credit-worthiness; such review may include, but is not limited to, the following: (a) requesting information from consumer credit reporting agencies; (b) requesting information from any references you provide; (c) requesting information from financial reporting and credit assessment services; (d) reviewing your payment history with Infinite Energy; and (e) requesting requesti ng a payment refer reference ence letter from from your previous REP REP to review your payment payment hist history. ory. If You do do not meet Infinite Infinite Energy’s credit credit requirements, Infinite Energy may (e) refuse to provide You service; (f) require You to pay a deposit; (g) require You to provide a letter of credit or third party payment payment guarantee; or (h) (h) require pre-payment for Service. DEPOSITS. If You do not meet one or more of the credit criteria listed above, Infinite Energy may request a deposit, which must be paid on demand. dem and. Deposit requirements are as fol follows: lows: 5.1. INITIAL DEPOSIT: If you are a new custom customer, er, an initial initial deposit may may be required required prior to initiation initiation for all new service. If You are an existing or returning customer, You may be required to pay an initial deposit if: (a) You were late paying an invoice more than once during the previous twelve months of service, or (b) your Service was disconnected for nonpayment during the previous twelve months of service. 5.2. ADDITIONAL DEPOSIT: A second second deposit, deposit, in addition to the initial initial deposit, may be required required from an an existing or returning customer if (a) (a) the average invoice over the immediately preceding twelve months is at least twice the amount of the original estimate of your monthly usage, or (b) your Service was disconnected for nonpayment during the previous twelve months of service. 5.3. De Deposit posit Amount: Your Your total deposit requirement requirement will not exceed an am amount ount equal equal to the greater of (a) the sum of your estimated estimated invoices for the next two months, or (b) one-fifth of your estimated annual usage. 5.4. INTEREST ON DEPOSITS: Deposits held more than thirty days will accrue interest from the date of receipt at the annual rate established by the Public Utility Utili ty Commission of Texas Texas (“PUCT”). (“PUCT”). Accrued interest will be credited credited pursuant to the REFUND OF DEPOSIT section, or You may request to have the interest credited to your account annually. 5.5. REFUND OF DEPOSIT: Upon (a) twelve timely, consecutive, monthly payments, or (b) termination of Service, Infinite Energy will apply your deposit, depo sit, plus any accrued accrued interest, to your account. Up Upon on termination termination of Service, if if the the deposit deposit refund creates a credit balance on your your final final invoice, Infinite Energy will refund the credit balance to You. 5.6. LIT ITE E-UP PROGRAM: If You (a) qualify for the LIT ITE E-UP program, and (b) provide proof of your qualification to Infinite Energy, You may pay any required deposit which exceeds fifty dollars ($50) in two installment payments. BILL ING AND INVOICING. Infi Infinit nite e Energy Energy will generate and send You a monthly invoice invoice for your Service. Each invoi invoice ce wil willl be based on usage and other information information received from your Transmission Transmission and Dist istribut ribution ion Service Provider (“TDSP”). (“TDSP”). If your TDSP TDSP does not forward a meter read to Infinite Infinit e Energy Energy for an invoice period, then, Infinite Infinite Energy Energy may may send You You an estimated estimated invoice for the period. Infinit Infinite e Energy Energy may, may, in its sole sole discretion, prorate your invoice to manage manage price and usage usage variation across invoice cycles. Infini Infinite te Energy reserves reserves the right to include include on your your invoice any charges or credits necessary to correct estimated invoices, meter read errors, miscalculations of taxes, fees, or other charges, invoice errors, and any other error or omission. You Yourr invoice is is due upon receipt; receipt; however, You You must must pay all charge charges s incurred on your account(s), account(s), even if You do do not receive an invoice, through your final date of Service. To request request a copy of your invoice, please contact Infinite Infinite Energy. BILLINGB 6 : ILLING To enroll in billing,eifEnergy contact contact Energy 6..1 2.. E B-UDGET : Up Upon onelectronic request, Infinite request, Infinit Eavailable, nergy will please enroll your accInfinite account ount inEnergy. budget. billing, so long as your account budget account is not not delinquent. Bu Budget dget billing consists of a level monthly payment plan based on: your estimated monthly usage, which is determined by reviewing your past twelve billing billi ng cycles, and and your rate structure. Eve Every ry fourth billing billing cycle, Infinite Infinite Energy Energy will will review your your account, account, reconcile your budget budget billing billing option, and determine your new new monthly payment. Budget billing billi ng wil willl be cancelled upon your request or if your account becomes becomes past due or is terminated; if budget billing is cancelled, your account will be reconciled, and any credit or unpaid balance will appear on your next invoice. OTHER FEES. You are are responsible responsible for the payment payment of any fees and costs charged by your TDS TDSP P or Infinite Infinite Energy. Examples include: include: 7.1. L A AT TE P A AY YMENT PENALTY: Yo Your ur invoice will be considered considered late if payment is not received by Infinite Infinite Energy on on or before the payment due date. Infinite Infinit e Energy Energy is not respon responsible sible for postal or other delays, which may may result in a late payment. payment. Eac Each h late invoice invoice may may incur a late fee equal to five percent (5%) of the new charges reflected on such invoice. 7.2. RETURN P A AY YMENT FEE: Infinite Energy may charge thirty dollars ($30.00) for each payment rejected by your bank for any reason. AR RLY TERMINATION FEE: Infinite Energy may charge an early termination fee, which is defined in LIQUIDATED DAMAGES, below. 7.3. E A 7.4. TDSPFEES: You may be charged TDS TDSP P fees, which are passed through to You wit without hout additional additional mark-up. Examples of these fees include, include, but are not limited to, the following: out-of-cycle meter read fees, connection fees, disconnection fees, and reconnection fees. 7.5. INTEREST: Infinite Energy reserves the right to charge interest at the rate of twenty-four percent (24%) per annum or the maximum amount allowed by law, whichever is less, on any outstanding balance once your Service is terminated. TITLE AND TAXES. Titl Title e to your Servic Service e wil willl pass from Infinite Infinite Energy to You You when when your Servi Service ce is received by the TDSP. Each Party Party will will indemnify and hold harmless the other from all taxes, royalties, fees, or other charges incurred with respect to the Service to which it has title; You are responsible responsible for for any taxes, fees, or charge charges s imposed imposed simultaneously simultaneously with the transfer transfer of titl title. e. You are are responsible for the payment of any taxes and government charges imposed upon your Servic Service. e. You must give Infinite Infinite Energy any tax exempt certificates certificates related related to your Service.
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If You dispute any amount, You must notify notify Infinit Infinite e Energy. Energy. The undisputed undisputed portion portion of your account must must be paid when when due; after giving notice of your dispute, You You may may withhold paym payment ent for the disputed portion only. You will refrain from from taking taking any legal action with regard to the disputed disputed amount until a final determination is made made by by Infinite Infinite Energy, Energy, in its sole discretion, discretion, as to the validi validity ty of the charge or fee. If determined to be valid, all disputed amounts will become due immediately, and late fees may be assessed to your account from the original date. 10. PAYMENT OPTIONS. Infinite Energy will accept the following methods of payment for your invoice: 10.1. CHECK OR MONEY ORDER: You can mail a check or money order to Infinite Energy, P.O. Box 791414, Baltimore, MD 21279-1263. 10.2. C A AS SH: You can pay in cash at any MoneyGram ExpressPay® locati location. on. MoneyGram may charge You a fee for using their service. To locat locate ea MoneyGram ExpressPay location near You, please call Moneygram’s toll-free agent at 1-800-555-3133. 10.3. AUTOMATED P A AY YMENTS: You can enroll enroll in automated automated recurring credit card or ACH ACH payment by contacting Infinite Infinite Energy. There is currently no additional charge to enroll and use Automated Payments; should this change, Infinite Energy will notify You prior to charging your account. 10.4. ONLINE P A AY YMENTS: You can register and pay online at www.infi www.infinit niteenergy.com; eenergy.com; when when registering, registering, You wil willl need your name and account number num ber as they appear on your invoice. A processing fee may be assessed for each such payment. 10.5. P A AY YMENT BY PHONE: You can pay by telephone via ACH debit, VISA, MasterCard, and Discover; a processing fee may be assessed. AY YMENTS: If You have two or more returned payments during any twelve month period, Infinite Energy may require You to pay 10.6. RETURNED P A your invoices by cash, money order or cashier’s check. 11. CUSTOMER ASSISTANCE. A An ny cu custo tom mer as assis ista tan nce pro prog gra ram m, wh whic ich h all allo ows de defe ferr rre ed pa payments on yo your ac account, may cre crea ate a late late payment penalty assessment on your account pursuant to PUCT PUCT rules. The following customer assistance assistance programs may be available to You: 11.1. P A AY YMENT ARRANGEMENTS AND ASSISTANCE PROGRAMS: If You are unable unable to pay pay your invoices in full in a tim timely manner, manner, You You may qualif qualify y for a payment paym ent arrangement or a payment assistance assistance program through Infinit Infinite e Energy Energy or an independent energy assistance program. For eligibil eligibilitity y requirements requirem ents for Infinite Infi nite Energy’s arrangem arrangements and program programs, s, please contact Infinite Infinite Energy. If you qualify qualify for an indep independen endentt energy assistance program, You must notify Infinite Energy with a written notification from the agency or program; the notification must include your name, your Infinite Energy account number, the approved assistance amount, and the date when payment will be remitted to Infinite Energy. 11.2. LOW INCOME DISCOUNTS: If You are a low income customer and qualify for the LIT ITE E-UP program, You may be eligible for certain benefits; for eligibility requirements, please contact Infinite Energy. 11.3. CRITICAL C A AR RE CUSTOMERS: If an interruption or suspension suspension of your your Service will create a dange dangerous rous or life-threatening conditi condition, on, You You may may qualify as a critical critical care customer. customer. Up Upon on request, request, Infinite Infinite Energy will provide You with with a Critical Critical Care Eligibility Eligibility Determination Determination Form, Form, which DISPUTE PROCEDURE.
You must complete complete and retur return n to Infi Infinite nite Energy. Infi Infinite nite Energy wil willl forward your completed form to your TD TDSP SP for qualifi qualificati cation on review. Once You are qualified as a critical care residential customer, the designation is valid for one year, and Infinite Energy will send You a renewal application prior to to the expiration of your designation. De Designation signation as a critical criti cal care customer customer does not waive waive any deposit deposit requirem requirement ent nor does it relieve You from your obligation to pay Infinite Energy for Services rendered. 12. CONDITIONAL PAYMENTS. A An ny fo form of pa payment se sent to In Infi fin nit ite e En Energ rgy y fo for le less th than th the fu full ba bala lan nce du due, wh whic ich h is is mark rke ed “p “paid in fu fullll”” or or is tendered as full satisfaction of the balance, may be treated, in Infinite Energy’s sole discretion, as (a) a partial payment on your account or (b) improper improp er payment payment and refused by Infinite Infinite Energy. Energy. Infini Infinite te Energy reserves all rights rights concerning these paym payments. ents. 13. NO WARRANTY. Exce Except pt as expressly set forth herein, Infinit Infinite e Energy Energy makes, makes, and You You receive, no warranty, express, express, implied, or statutory. Infini Infinite te Energy specifically disclaims any warranty of merchantability or fitness for a particular purpose. 14. FORCE MAJEURE. Except for any obligation to make payments when due, neither Party will be liable to the other for any delay or failure to perform caused by an an occurrence of Force Majeure. Force Majeure Majeure occurrences include include events outside outside the control of the the Party Party claiming claiming Force Majeure, Majeure, and may include acts of God, strikes, lockouts or other industrial disturbances, acts of public enemy, wars, terrorism, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, civil disturbances, explosions, accidents to machinery or transmission lines, partial or complete loss of Infinite Energy’s supply, and actions of any government authority which result in conditions, limitations, rules, or regulations that materially impair either Party’s ability to perform hereunder, and which could not have been prevented by the affected Party
16. 17. 18. 19.
through itpartial s rtial ownor own due diligence; dil igence; or of any similar cause of theand Party failloss failing ing to perfor understand a Force Foherewith. rce Majeure event may cause aits pa com complete plete loss Infinite Infinit e Energy’s Ene rgy’sbeyond supply,the andcontrol such event the of perform. supplym.areYou expressly included herew ith. The affected Party will give to the other reasonably prompt and detailed notice of the occurrence of any Force Majeure relied upon. LIMITATION OF LIABILITY. Infinite Energy does not generate, transmit, or distribute your Service and does not guarantee your Service will be continuous or uninterrupted. Acco Accordingly, rdingly, Infinite Infi nite Energy will not be liable to You or or any other party party for any losses, special, incidental, incidental, indirect, consequen conse quential tial or punitive damages damages arising from from the TDS TDSP’s P’s service, structural damage, and/or a breach of this Agreement. Agreement. In no event, will Infinit Infinite e Energy’s liability in connection with this Agreement exceed the difference between the replacement rate for your Service and your rate under this Ag A gre ree ement mult ltip iplilie ed by your consumpti tio on. ASSIGNMENT. This Agreement shall extend to and be binding upon the respective successors and assigns of the Parties; provided, however, You may not assign this Agreement without Infinite Energy’s prior written consent and any purported assignment without such consent may be void in Infinite Energy’s sole discretion. VERBAL RECOR RECORDINGS DINGS. Infinit Infinite e Energy Energy may may electronically record all telephon telephone e conversations conversations with You You without further notice. ENTIRE AGREEMENT AND AMENDMENTS. This Agreement Agreement constit constitutes utes the entir entire e understandi understanding ng between the Parti Parties. es. No modificat modification ion or amendment of this Agreement will be binding on either Party unless in writing and signed by an authorized representative of each Party. INTELLECTUAL PROPERTY RIGHTS. Intellectual Property rights are defined as as any and and all tangible and intangible intangible rights, titl title e and interest in and to: (a) works of authorship, including but not limited to copyrights and all derivative works thereof, (b) trademarks and trade names, (c) confidential information, trade secrets and know-how, (d) all intellectual property rights whether arising by operation of law, contract, license, or otherwise, and (e) all registrations, registrations, initial initial applications, applications, renewals, extensions, divisions or reissues thereof thereof now or hereafter in force. Any Intellectual Property Property right created, made, made, or originated originated by Infinite Infinite Energy will will be the sole and exclusive property of Infinite Infinite Ene Energy. rgy. Any unauthorized unauthorized reproduction reproduction by You and any other person or entity acting on your behalf, will constitute an infringement of said Intellectual Property right. 09RSTOS110910 Page 2 of 3
20. 21. 22.
A waiv ive er of of an any ri rig ght or or ob oblilig gati tio on under th this Agre ree ement must be be in wri riti tin ng and sig ign ned by an auth tho ori riz zed re rep pre res senta tati tiv ve of th the Part rty y granting the waiver; each waiver is a one-time waiver and will not operate as a continuing or future waiver of any other right or obligation. MATERIAL CHANGE. In the event Infinite Infinite Energy makes makes a materi aterial al change to this Agreement, Agreement, any PUCT PUCT-requi -required red notice will be sent to You. You. EXPIRATION AND RENEWAL. No less than than fourteen days days prior to the expiration of this this Agreem Agreement, Infinite Infinite Energy will notify and inform You You of all available options. Up Upon on expiration of this Agree Agreem ment, if You do do not enter into a new agreem agreement with Infinite Infinite Energy, or terminate this Agreement, then this Agreement will automatically renew on a month-to-month basis; provided, however, your rate will be Infinite Energy’s then-effective standard variable rate, which varies from month to month. TERMINATION OF AGREEMENT BY YOU. If You decide to terminate this Agreement, Infinite Energy will not interfere with your right to obtain Service from another REP. 23.1. TERMINATION DURING RESCISSION PERIOD. If You are switching your Service to Infinite Energy from another REP, You have the right to rescind this Agreement, wit without hout fees of any kind, within within three federal business days of of entering entering into this Agreement. Agreement. You may resci rescind nd by providi providing ng verbal notice notice to Infinite Infinite Energy at (877) 604-3489. 604-3489. Any noti notice ce must clearly clearly state your name, name, your Service address(es), your phone number, your ESI ID, your Infinite Energy account number (if available), and a statement expressing your intent to invoke your three day right of rescission. 23.2. TERMINATION AFTER RESCISSION PERIOD. If You terminate this Agreem Agreement ent after the rescission period, You must must provide at least thirty thirty days prior written notice to Infinite Infinite Energy. Add Additi itionally, onally, if your termination termination is due to a move to a new prem premises, ises, you must must also provide sufficient evidence of your move move and a forwarding address. If You terminate this Agreement prior to its expirati expiration on for a reason other than your moving moving or pursuant to the MATERIAL CHANGE section, such termination will be deemed an early termination. TERMINATION OF AGREEMENT BY INFINITE ENERGY. In the event Infinite Energy terminates this agreement, as described herein, Infinite Energy Ene rgy will not be subject to liquidated liquidated damages. damages. 24.1. DISCONNECTION OF SERVICE. Infi Infinit nite e Energy Energy may may disconnect your Servic Service e for non-payment non-payment of your account, or pursuant to PUC PUCT T rul rules. es. In the event of disconnection for non-payment of your account, Infinite Energy will provide You with at least ten days prior written notice. 24.2. REFUSAL OF SERVICE. Infi Infinite nite Energy may refuse to provide provide Servi Service ce to You pursuant to PUCT rules. MATERIAL BREACH. The following events will each be deemed deemed a material breach of this this Agreement: non-payment by You You which which results results in a termination of this Agreement; failure to pay a deposit assessed under this Agreement; reduction of your requirements to zero for a period greater than thirty days; your early termination of this Agreement; theft of electricity; your infringement of any Infinite Energy Intellectual Property right; and NO WAIVER.
your insolvency, bankruptcy, bankruptcy, or appointment appointment of a receiver. On Once ce a material material breach has occurred, occurred, Infinite Infinite Energy may, in its its sole discretion, discretion, (a) convert conve rt your price to to Infinite Infinite Energy’s Energy’s standard variable rate; (b) disconnect your Service; Service; and/or (c) term terminate inate this Agreement. If You commit commit a material breach of this Agreement, You will will pay all costs incurred by Infinite Infinite Energy Energy as a result of the breach. Co Costs sts include, but are not limited limited to, reasonable attorney’s fees and costs (including in-house legal fees), court costs, and any third party collection fees, which Infinite Energy incurs. 26. LIQUIDATED DAMAGES. You and Infinite Energy agree damages, as a result of your material breach of this Agreement, would be difficult, if not impossible, to determine; therefore, if a material breach occurs, Infinite Energy may, in its sole discretion, assess, and You agree to pay, Liquidated Damages in the amount stated in the “Disclosure Chart” of your EFL. 27. SEVERABILITY. If any provision of this this Agreem Agreement ent is found to be unenforceable, unenforceable, then such provision will be stricken stricken and and the remainder remainder of this Ag A gre ree ement wililll re rem main in fu fullll fo forc rce e and eff ffe ect. 28. GOVERNING LAW AND VENUE. This Agreement will be governed by and construed in accordance with the laws of the State State of Texas without recourse to such state’s state’s choice of law law rules. Exc Exclusive lusive venue for resolution of any dispute is Dallas County, County, Texas, and the Parties Parties consent to the personal person al jurisdiction jurisdiction of said courts. You wa waive ive any and and all rights rights to assert a defense defense of inconvenient inconvenient forum or or lack of personal jurisdiction. jurisdiction. This Ag A gre ree ement is is subje jec ct to to and condit itio ion ned upon all applilic cable lo loc cal, sta tate te and fe fed dera rall la laws, PU PUCT ru rule les s and re reg gula lati tio ons, ER ERCOT pro roto toc cols ls,, an and your TDSP TD SP tariff tariff on file fi le with with PUCT PUCT;; the the Agreement Agreement includes incl udes any amendm amendments ents made by PUCT CT,, ERCOT ERCOT,, or your TDS TDSP P from time to time. time. Infi Infinit nite e Energy is certifified certi ed as a REP REP by PUC PUCT T under under certifi certificate cate number number 10196. The PU PUCT CT rules and regulations regulations are avail available able in full at http://www.puc.stat http://www.puc.state.tx. e.tx.us/. us/. 20 9.. 3
JURY WA IVER. Both Parties hereby irrevocably rights to trial bybased jury. on a customer’s race, creed, color, national origin, ancestry, sex, ANTIDISCRIMINATION POLICY. Infinite Energywaive doesall not discriminate
marital status, lawful source of income, level of income, disability, familial status, location in an economically distressed geographic area, or qualification qualificati on for low income or energy effici efficiency ency services. Infinit Infinite e Energy Energy will will not use credit credit or utili utility ty payment payment data as the basis basis for determining the price for Service on any residential contract with a term of twelve months or less. 31. INFINITE ENERGY CONTACT INFORMATION. If You have any questi questions ons or need need assistance, You may contact Infini Infinite te Energy as follows: www.infiniteenergy.com; via email at [email protected]
; via telephone at (877) 604-3489; via facsimile at (866) 427-7845; and via U.S. Mail Mail at 7001 SW 24th Avenue, Gainesvi ainesvilllle, e, FL 32607. 32607. Infi Infinite nite Energy’s custome customerr service service hours are: 8:00 a.m. – 5:00 p.m. M-F M-F CST. CST. 32. CONFIDENTIALITY. An A ny info inform rmati tio on pert perta ain inin ing g to Yo You coll colle ecte ted d by Infi Infin nit ite e Ene Energ rgy y duri durin ng the the cou cours rse e of pro provid idin ing g Serv Servic ice e sha shall be ke kept confidential. The existence existence of this Agreement and the terms terms contained herein herein are deemed deemed to be confidential. Neither Party Party shall disclose directly or indirectly without the prior written consent of the other Party the terms this Agreement to a third party (other than the employees, lenders, royalty owners, counsel, accountants and other agents of the Party, or prospective purchasers of all or substantially all of a Party’s assets or of any rights under this Agreement, provided such persons shall have agreed to keep such terms confidential) except for the following: (a) in order to comply with any applicable law, order, regulation, or exchange rule; or (b) to the extent necessary for the enforcement of this Agreement. In the event disclosure is required by a governmental body, applicable law, or proceeding, the disclosing party may disclose such information to the extent so required, but shall use reasonable efforts to prevent or limit the disclosure of any confidential information, and shall cooperate (consistent with the disclosing party’s legal obligations) with the other Party’s efforts to obtain protective orders or similar restraints with respect to such disclosure at the expens expense e of the other Party. Party. Sub Subject ject to the limitations on liability liability set forth herein, the parties shall be entitled to all remedies available at law or in equity to enforce, or seek relief in in connection connection with this confidentiality confidentiality obligation. obligation. The terms of any transaction hereunder hereunder shall shall be kept confidential by the parties hereto for one year from the expiration of the transaction. 09RSTOS110910 Page 3 of 3