Service, Agreement to Sell and Purchase Electricity. This is an agreement between CenStar Energy Corp. (“CenStar”), an independent energy services company, and the undersigned customer (“You” or “Customer”) under which Customer shall initiate electric service and begin enrollment with CenStar (the “Agreement”). Subject to the terms and conditions of this Agreement, CenStar agrees to sell, and Customer agrees to purchase and accept the quantity of electric as determined by CenStar, necessary to meet Customer’s requirements based upon consumption data obtained by CenStar and/or the delivery schedule of the Electric Distribution Utility (the “EDU” or “Utility”). CenStar agrees to supply and you agree to receive and pay for electric supply service (“Service”). CenStar is not affiliated with and does not represent any EDU. The EDU will continue to deliver the electric and/or electricity supplied by CenStar to you. Your EDU may or may not charge you a fee for switching to a CRES (Competitive Retail Electric Service) provider. CenStar will not charge you a switching fee.
Term. This Agreement shall commence seven (7) calendar days subsequent to the date on the Customer’s notice regarding the change of Customer’s electric provider to CenStar provided by the EDU and shall remain in effect in accordance with this Agreement. Service with CenStar shall begin with the next available meter reading after processing of the request by the Utility and CenStar. You may cancel this Agreement within the aforementioned seven (7) day window by contacting CenStar or your EDU by telephone or in writing. Unless otherwise agreed to, upon completion of the Initial Term, this Agreement will renew on a month-to-month basis with a monthly variable rate methodology (the “Renewal Term”). Following the end of the Initial Term, and unless a new agreement is agreed to between the Parties, the Service shall be variable thereafter and based upon various market conditions and factors including, but not by way of limitation, CenStar’s cost to provide Service and supply, losses, capacity, ancillary services and other ISO changes. At least forty-five (45) days and no more than ninety (90) days prior to the expiration date, CenStar will notify Customer in writing of the terms of renewal of this Agreement and of the Customer’s right to renew, reject or renegotiate this Agreement. The notice shall be made by separate mailing (envelope or postcard), the front cover of which shall state: “Important Notice Regarding Your Electric Service Contract.” The renewal period for contracts with renewal provision shall not exceed the Initial Term herein. While receiving service on a month-to-month basis, such notification will be provided only for the first renewal occurring at the end of the Initial Term, and Customer or CenStar may cancel or terminate this Agreement by providing 30 days’ advance notice by telephone or in writing of termination to the other Party with no Termination Fee assessed. If CenStar materially changes its terms and conditions other than variable market pricing on a month-to-month schedule, we must receive your affirmative consent in accordance with Rule 4901:1-21-06 not less than thirty (30) and no more than sixty (60) days prior to the new terms taking effect.
Pricing, Billing, and Termination. For each account, you will receive one monthly bill from your Utility and you will continue to pay each bill in accordance with the Utility’s billing and collection policy. During the term of this Agreement, the price for all electric sold under this Agreement shall be a fixed price as previously agreed plus all applicable taxes and Utility’s delivery charge. For fixed price service if usage over the course of the year exceeds the level of usage in the same month in the previous year (“Base Load”), the Customer will be charged a variable price for all usage in excess of the Base Load and the fixed price for usage up to the Base Load. If the usage in any month falls below the Base Load, the Customer will be charged the fixed price for all usage and shall be charged for hedging, cash out costs, settlement or balancing costs related to the positive difference between the Base Load and actual consumption. If CenStar concludes that a change in laws increases CenStar’s costs, the purchase price may be adjusted by CenStar to reflect such costs. “Laws” mean all tariffs, laws, orders, rules, taxes, regulations and utility changes to customer’s monthly capacity and/or transmission obligations. If CenStar concludes that a change in laws increases CenStar’s costs, the purchase price may be adjusted by CenStar to reflect such costs. “Laws” mean all tariffs, laws, orders, rules, taxes, regulations and utility changes to customer’s monthly capacity and/or transmission obligations. If Customer terminates this Agreement prior to the end of the Initial Term or if CenStar terminates this Agreement due to Customer’s breach, the Customer shall pay CenStar, in addition to any other applicable charges, a cancellation fee as calculated above. You will receive a single bill for both commodity and delivery costs from the EDU and you will continue to pay your bill in accordance with the EDU’s billing terms and policies (“Consolidated Bill”). Failure to pay the Utility charges may result in disconnection as provided for in the EDU’s tariff, which may include late fees and your inability to choose another CRES until arrearages are paid in full. Moreover, we may cancel this Agreement upon fourteen (14) days written notice for nonpayment and you will be automatically returned to your EDU’s standard service which may be higher than the rate agreed upon hereto. You may terminate this Agreement without penalty upon the following condition (i) the Customer moves outside CenStar’s service area to into an area where CenStar charges a different rate. (ii) Customer is on a month-to-month agreement. CenStar does not offer budget billing for the generation portion of the bill.
Assignment. Customer may not assign its interests in and delegate its obligations under this Agreement without the express written consent of CenStar. CenStar may sell, transfer, pledge, or assign the accounts, revenues, or proceeds hereof, in connection with any financing agreement or receivables purchase program, and may assign this Agreement to another energy supplier, energy services company or other entity as authorized by PUCO. Customer will receive written notice from CenStar that will include a statement that following the assignment of Customer’s account, Service will continue under the same rates, terms and conditions established under this original Agreement and will include the new CRES provider’s name, toll-free number and address.
Credit, Deposits and Release of Information. Prior to the acceptance of this Agreement by CenStar, we may conduct a credit check to determine Customer’s creditworthiness. By singing this Agreement, you authorize CenStar to obtain and review various determinants from your EDU such as consumption history, credit information and billing determinants. If the credit check reveals that you do not meet our minimum credit standards, CenStar may request reasonable credit assurance which may include a deposit based on sixty (60) days estimated usage. Any deposit will be returned to the customer upon proper completion of this Agreement if there are no monies due CenStar. If monies are due, CenStar retains the right to use the Customer’s deposit to cover any and all associated costs, fees, and charges.
Consumer Protections. CenStar will provide Customer at least 14 days’ notice prior to the cancellation this Agreement. Customer may obtain additional information by contacting CenStar at 1.877.529.6701 or PUCO at 1.800.686.7826 or by writing to PUCO at: PUBLIC UTILITIES COMMISSION of OHIO, Office of Consumer Services, One Hundred Eighty East Broad Street, Columbus, Ohio 43215 or through its website at: http://www.puco.ohio.gov/. You may also contact the PUCO for inquiries regarding the competitive retail energy market at 1.800.686.7826.
Warranty. This Agreement, including any Welcome letter and applicable attachments, makes up the entire Agreement between Customer and CenStar. CenStar makes no representations or warranties other than those expressly set forth in this Agreement, and CenStar expressly disclaims all other warranties, express or implied, including merchantability and fitness for a particular use.
Force Majeure. CenStar will make commercially reasonable efforts to provide electric and/or electricity hereunder but CenStar does not guarantee a continuous supply of electric and/or electricity to Customer. Certain causes and events out of the control of CenStar (“Force Majeure Events”) may result in interruptions in service. CenStar will not be liable for any such interruptions caused by a Force Majeure Event, and CenStar is not and shall not be liable for damages caused by Force Majeure Events. Force Majeure Events shall include 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 local distribution utility system, non-performance by the EDU, changes in laws, rules, or regulations of any governmental authority or any other cause beyond CenStar’s control.
Liability. The remedy in any claim or suit by Customer against CenStar will be solely limited to direct actual damages (which will not exceed the amount of Customer’s single largest monthly invoice amount in the immediately preceding 12 months). All other remedies at law or in equity are hereby waived. In no event will either CenStar or Customer 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 3rd beneficiaries to this Agreement.
CenStar Contact Information. Customer may contact CenStar’s Customer Service Center at 1.877.529.6701, Monday through Friday 8:00 a.m. – 8:00 p.m. EST (contact center hours subject to change). Customer may write to CenStar at: CenStar, 1 Radisson Plaza, Ste 704 | New Rochelle, NY 10801.
Dispute Resolution. In the event of a billing dispute or disagreement involving CenStar’s service, Customer should contact CenStar’s Customer Service Center as provided above. Customer must pay the bill in full, except for the specific disputed amount, during the pendency of the dispute. If the parties cannot resolve the dispute within 45 days, either party may avail itself of all remedies available under law or equity. “If your complaint is not resolved after you have called your electric supplier and/or your electric Utility, or for general Utility information, residential and business customers may contact the public utilities commission of Ohio (PUCO) for assistance at 1-800-686-7826 (toll free) from eight a.m. to five p.m. weekdays, or at http://ww.puco.ohio.gov. Hearing or speech impaired customers may contact the PUCO via 7-1-1 (Ohio relay service).”
“The Ohio consumers’ counsel (OCC) represents residential utility customers in matters before the PUCO. The OCC can be contacted at 1-877-742-5622 (toll free) from eight a.m. to five p.m. weekdays, or at http://ww.pickocc.org.”
Taxes and Choice of Law. Venue for any lawsuit brought to enforce any term or condition of this Agreement or to construe the terms hereof shall lie exclusively in the State of Ohio. This Agreement shall be construed under and shall be governed by the laws of the State of Ohio without regard to the application of its conflicts of law principles. Customer shall be responsible for any and all applicable State, Local and/or Federal taxes associated with the agreed upon services to be provided pursuant to this Agreement.
Regulatory Changes. This Agreement is subject to present and future legislation, orders, rules, regulations or decisions of a duly constituted governmental authority having jurisdiction over this Agreement or the services to be provided hereunder. If at some future date there is a change in any law, rule, regulation, tariff, or regulatory structure (“Regulatory Change”) which impacts any term, condition or provision of this Agreement including, but not limited to price, CenStar shall have the right to modify this Agreement to reflect such Regulatory Change by providing 30 days’ written notice of such modification to the Customer. CenStar maintains the right, should Regulatory Changes materially effect the manner in which we provide service to you, at our sole discretion, elect to adjust the price for service under this Agreement to account for any such increase incurred by CenStar.
Emergency Service. The EDU will continue to respond to any and all emergencies. In the event of an emergency or, service interruption, Customer should immediately call the EDU (AEP Ohio Power) 1-888-710-4237, (AEP Columbus Southern Power) (800) 277-2177, (Duke Energy) 800-543-5599, (Ohio Edison) 1-800-633-4766, (The Illuminating Company) 1-800-589-3101, (Toledo Edison) 1-800-447-3333.
Environmental Disclosure: The mix of sources upon which electric is generated and supplied is available in our Environmental Disclosure Statement which is included in this Agreement, and may be updated from time to time, and is available on our website at www.censtarenergy.com or is available upon request. For generation service contracts, an incorporation by reference of information (accompanying the contract) regarding the approximate generation resource mix and environmental characteristics of the power supplies.
Mandatory Arbitration. Any claim, dispute or controversy, regarding any contract, tort, statute, or otherwise (“Claim”), arising out of or relating to this Agreement or the relationships among the parties hereto shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association (“AAA”), under the AAA Commercial or Consumer rules, as applicable, in effect at the time the Claim is filed (“AAA Rules”). Copies of the AAA Rules and forms can be located at www.adr.org, or by calling 1-800-778-7879. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction. This clause is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or of the arbitrator’s award; any such suit may be brought only in Federal District Court for the District, or if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of this Agreement including any claim that all or any part of the Agreement is void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver”.
Class Action Waiver. Any Claim must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any entity or person not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.
Miscellaneous. Customer has the right to request from CenStar, twice within a twelve (12) month period, up to twenty-four (24) months of the Customer’s payment history without charge. If you switch back to the EDU you may not be served under the same rates, terms and conditions that apply to other customers served by the EDU. CenStar is prohibited from disclosing Customer’s social security number and/or account number without Customer’s consent except for CenStar’s own collection and credit reporting, participation in programs funded by the universal service fund pursuant to Section 4928.52 of the Revised Code, or assigning a customer contract to another CRES provider.
Parties Bound. This Agreement is binding upon the Parties here to and their respective successors and legal assigns. Customer and CenStar have caused this Agreement to be executed as of the date noted above on the first page of this Agreement, by individuals authorized to bind each party, and Customer has reviewed all terms herein. All signatures delivered by facsimile and/or electronically shall be deemed as effective as the original.