Alpha Gas and Electric, LLC
Illinois Electricity Supply Terms and Conditions-Residential Fixed
- Agreement to Purchase Electricity: This is an Agreement for electricity supply service, between Alpha Gas and
Electric, LLC (“Alpha”) and the customer (“Customer”, you or, your authorized representative) for Customer to initiate
electricity supply service and begin enrollment with Alpha. If you presently purchase your electricity supply from another
competitive electricity supplier, you are responsible for cancelling that service pursuant to the terms of your agreement
with your existing supplier. Alpha is licensed by the Illinois Commerce Commission as an Alternative Retail Electric
Supplier (“ARES”) to offer and supply electric generation service in Illinois. Alpha will supply all the electricity that the
Customer needs for its home or business (“Supply Service”). Alpha is a retail supplier of electricity and is not affiliated
with the Customer’s Local Utility. Your Local Utility remains responsible for the delivery of electricity to your premises
and will continue to respond to any service calls and emergencies.
- Price:This is a fixed price agreement.The price per kWh for all electricity sold under this Agreement is $_____ per kWh, plus a $_____ service benefit charge and taxes, if applicable, for the entire Initial Term of this Agreement. The price per Therm for all gas sold under this Agreement is $_____ per Therm, plus a $_____ service benefit charge and taxes, if applicable, for the entire Initial Term of this Agreement. The Service Benefit Charge is related to the Green Product provided.
- Contract Term::______Months (“Initial Term”). Alpha will begin providing electricity and/or gas supply service when the Customer’s Local Utility completes the switch in accordance with its rules and will continue for months. The switching process may take up to ninety (90) days. Your utility will provide you with a written notice confirming your switch to Alpha. There is no early termination fee for terminating this contract during the Initial Term.
- Renewal: At the end of the month Initial Term, this contract will automatically renew for a new term (“Renewal Term”). Prior to the end of the Initial Term of the agreement, Alpha will send you a notice to you inform you of your options for continuing your service with Alpha. Unless you chose a different option, this contract will automatically renew for a new term at the fixed rate then in effect without a new consent confirmation, subject to governing law, even when there is a change in the rate or other terms and conditions.
- Rescission:You have the right to rescind this Agreement and the pending enrollment within 10 calendar days after the utility processes the enrollment request, by contacting Alpha at 1-888-636- 3749 (9 am to 5 pm Eastern time) or by contacting your utility at 1-800-334-7661 or 888-642-6748.
- Independent seller: Alpha is an independent retail electricity and gas supplier certified by the Illinois Commerce Commission and is not endorsed by, representing, or acting on behalf of, a utility or utility program, a governmental body or governmental program, or a consumer group or a consumer group program. Your electric and gas utility remains responsible for the delivery of electricity to your premises and will continue to respond to any service calls and emergencies. You will receive a written notification from your electric utility confirming the switch of your electricity supply to Alpha.
- Contact Information:
Alpha Gas and Electric, LLC
12 College Rd. Suite 100
Monsey, NY 10952
Telephone: 888-636-3749
(9 am to 5 pm Eastern time)
www.alphagasandelectric.com
Illinois Commerce Commission
527 E. Capitol Ave.
Springfield, IL 6270
Telephone: 800-524-0795
www.icc.illinois.gov
Com-Ed
Customer Care Center
P.O. Box 805379
Chicago, IL 60680-5379
Residential: 800-334-7661
Business: 877-426-6331
Nicor Gas
Customer Service Representative
Customer Phone: 888-642-6748
www.nicorgas.com
- Billing: You will continue to receive one monthly bill from your Local Utility for the electric and Gas generation and other services provided by Alpha and the distribution and other services provided by your Local Utility, each with taxes thereon. You will make payment for all of these services directly to your Local Utility in accordance with the payment terms stated in your utility’s tariffs. Alpha does not require a deposit in order for customer to enroll.
- Delivery Point, Title, and Taxes All electricity and gas sold pursuant to this Agreement shall be delivered to a location (“Point of Delivery”), which shall constitute the point at which the sale occurs and title to the energy passes to you from us. Customer will be liable for and pay all taxes or surcharges which are imposed with respect to the sale of electricity and gas. If Customer is exempt from such taxes, Customer is responsible for identifying and requesting any exemption from the collection of the taxes by filing appropriate documentation with Alpha.
- Cancellation- Customer may terminate this agreement at any time by contacting the Alpha at 1-888- 636-3749 between 9a.m.–5p.m. ET Monday–Friday (Hours subject to change); by writing to us at: Alpha Gas and Electric, LLC, 12 College Rd. Suite 100, Monsey NY 10952. Telephone: or by e-mail us at customerservice@alphagne.com. Alpha may cancel this agreement at any time upon providing written notice to Customer
- Entire Agreement-This Agreement, including the Uniform Disclosure Statement, makes up the entire Agreement between Customer and Alpha. Alpha makes no representations other than those expressly set forth in this Agreement. Alpha provides and Customer receives no warranties, express or implied, statutory, or otherwise and Alpha specifically disclaims any warranty of merchantability or fitness for a particular purpose.
- Force Majeure-In the event that either party is rendered unable, wholly or in part, to perform that party’s obligations under this Agreement due to events not reasonably anticipated or within either party’s control, such as, but not limited to, acts of God, curtailment by Customer’s utilities etc., the Parties agree that such nonperformance shall be excused for the duration of the event which caused it. Should the parties have cause to claim force majeure, the claiming party will notify the other party, in writing, of the cause(s) of such event, the anticipated duration of non-performance and the remedies being taken to eliminate the cause. Financial obligations relating to payment for or delivery of electricity under this Agreement cannot be cause for claiming force majeure and obligations cannot be excused as a result of a force majeure event.
- Liability-Our liability shall be limited to direct actual damages only, which will not exceed the amount of your single largest monthly invoice during the preceding 12 months. All other remedies at law or in equity are hereby waived. In no event shall we be liable for any punitive, incidental, consequential, exemplary, indirect, third-party claims, lost profits, or other damages whether based on contract, warranty, tort, negligence, strict liability or otherwise any cause of action or claim for any liability, arising from a breach of this Agreement.
- Dispute Resolution- In the event of a billing dispute or a disagreement involving Alpha’s service hereunder, the parties will use their best efforts to resolve the dispute. Customer should contact Alpha by telephone or in writing as provided above. If your complaint is not resolved after you have called Alpha and/or your utility, or for general utility information, residential and business customers may contact the Illinois Commerce Commission by calling 1 800-524-0795, from 8:30 a.m. to 5:00p.m. weekdays
- Assignment- You may not assign this Agreement, in whole or in part, or any of your rights or obligations without Alpha’s prior written consent. We may, upon thirty days prior notice and without your consent: (a) transfer, sell, pledge, encumber or assign this Agreement or the accounts, revenues or proceeds in connection with any financial or billing services agreement; or (b) transfer or assign this Agreement any other approved supplier authorized by the ICC. This Agreement shall be binding on each party’s successors and legal assigns.
- Governing Law- This Agreement is governed by the laws of the state of Illinois. 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 or tariff whereby Alpha is prevented, prohibited or frustrated from carrying out the terms of the Agreement, at its sole discretion Alpha shall have the right to cancel this Agreement.
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WAIVER OF JURY TRIAL. ALL CLAIMS AND DISPUTES ARISING UNDER OR RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION IN THE STATE OF ILLINOIS OR ANOTHER LOCATION MUTUALLY AGREEABLE TO THE PARTIES. THE ARBITRATION SHALL BE CONDUCTED ON A CONFIDENTIAL BASIS PURSUANT TO THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY DECISION OR AWARD AS A RESULT OF ANY SUCH ARBITRATION PROCEEDING SHALL BE IN WRITING AND SHALL PROVIDE AN EXPLANATION FOR ALL CONCLUSIONS OF LAW AND FACT AND SHALL INCLUDE THE ASSESSMENT OF COSTS, EXPENSES, AND REASONABLE ATTORNEYS’ FEES. ANY SUCH ARBITRATION SHALL BE CONDUCTED BY AN ARBITRATOR EXPERIENCED IN COMPETITIVE RETAIL ENERGY MARKET AND SHALL INCLUDE A WRITTEN RECORD OF THE ARBITRATION HEARING. THE PARTIES RESERVE THE RIGHT TO OBJECT TO ANY INDIVIDUAL WHO SHALL BE EMPLOYED BY OR AFFILIATED WITH A COMPETING ORGANIZATION OR ENTITY. AN AWARD OF ARBITRATION MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION. CUSTOMER WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION.
- Customer Information:By entering into this Agreement, you agree that your Local Utility may release to Alpha certain information that will be needed to provide Supply Service to the Customer. We will not give or sell your personal information to any other party without your consent unless we are required to do so by law or it is necessary to enforce the terms of this Agreement. Alpha is prohibited from disclosing a customer’s social security number without the customer’s affirmative written consent except as permitted or required by 220 ILCS 5/5-110, 815 ILCS 505/2RR or other applicable law. Alpha is prohibited from disclosing a customer’s billing, usage or load data except as permitted by 20 ILCS 3855/1-92, 220 ILCS 5/16-122 or other applicable law. Alpha’s environmental disclosure statement is available for viewing on our website – www.alphagasandelectric.com. Alpha will provide quarterly updates to the statement as a separate billing insert as required under Section 16-127 of the Electric Service Customer Choice and Rate Relief Law of 1997 and the rules of the Illinois Commerce Commission, 83 Ill. Adm. Code 421
- Measurement- Both parties agree hereto to accept for purposes of accounting for quantity, quality and measurement of electricity and gas as supplied and reported by the utility.
- Severability-If any provision of this Agreement is held by a court or regulatory agency of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall continue in full force without being invalidated in any way.
- Delay or Failure to Exercise Rights- No partial performance, delay or failure on our part in exercising any rights under this Agreement and no partial or single exercise thereof shall constitute a waiver of such rights or of any other rights hereunder.
- Taxes and Laws- Except as otherwise provided in this Agreement or by law, all taxes due and payable with respect to your performance of your obligations under this Agreement, shall be paid by the Customer. Any lawful tax exemption will only be recognized on a prospective basis from the date that you provide valid tax-exemption certificates to us.
- Green Product. Electric- Your purchase of Electricity under this Agreement causes the purchase of Renewable Energy Certificates (RECs) and supports renewable production in the region of generation. RECs do not contain electricity. A REC represents the environmental benefits of 1 megawatt hour (MWh) of renewable energy that can be paired with electricity. For every unit of renewable electricity generated, an equivalent amount of RECs is produced, and by purchasing and pairing RECs with your service you are using and receiving the benefits of that renewable energy. Your REC purchase also helps build a market for renewable energy. Increased demand for, and generation of, renewable energy helps reduce conventional energy generation in the region where the renewable energy generator is located. It also has other local and global environmental benefits which may include emitting little or no regional air pollution or carbon dioxide. The RECs in a Green-e ® Energy certified product are verified and certified by Green-e ® Energy, and the seller of a Green-e ® Energy certified product is required to disclose the quantity, type and geographic source of each certificate. Green-e Energy has only certified the RECs, which may be sourced from outside of your local energy distribution area. Please see the Product Content Label provided at http://www.Alphagasandelectric.com for this information. Green-e ® Energy also verifies that the renewable energy certificates are not sold more than once or claimed by more than one party. For information on Green-e ® Energy please visit its website, www.Green-e.org. Please see the Product Content Label for more information. Gas – Your purchase of Gas under this Agreement causes the purchase of carbon offsets and supports renewable production in the region of generation. These carbon offsets are certified by Green-e® Climate, which requires companies to provide their customers with this notice of Price, Terms, and Conditions of service. For more information about Green-e Climate, visit www.green-e.org/climate, email climate@green-e.org, or call (415) 561-2100. These carbon offsets represent the reduction of a specific quantity of greenhouse gas (GHG) emissions. By purchasing these offsets, you alone have the right to all associated claims about the environmental benefits they embody. Carbon offsets are to be regarded as a real environmental commodity, not a donation or investment in a future emissions reduction project. The verified GHG emissions reductions you purchased are sourced from projects that have been validated and registered under high-quality project standards. The Carbon Offset Content (Label located at http:// www.Alphagasandelectric.com) represents the mix of project types, locations, and verification programs that will be used to supply your offsets. The actual percentages or metric tons of GHG emissions reductions by type may vary by a small percentage. In the case of a significant variance, the Seller of the Certified Offsets is obligated to provide you with more accurate historical disclosure. For more information see the Green-e® Climate Code of Conduct available at www.green-e.org.
- Promotion- “Free Month Energy” program for RESIDENTIAL CUSTOMERS. This promotion is only activated for RESIDENTIAL CUSTOMERS once you have received your 12th consecutive bill from your utility with Alpha as your commodity supplier. At that point you must send Alpha Customer service the one Alpha Gas and Electric monthly charge that you would like refunded from the previous 12 months. You must be active without any pending drops with ALPHA GAS AND ELECTRIC at the time the refund is processed. This offer cannot be combined with any other offer, rate schedule or rebate and is not offered to COMMERCIAL CUSTOMERS.
