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. As noted on the Disclosure Statement, the price per kWh for all electricity sold
under this Agreement is $ kWh, plus a $___ monthly 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 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.
Independent seller: Alpha is an independent retail electricity 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 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: 1-888-
636-3749 (9 am to 5 pm Eastern time) www.alphagasandelectric.com. Illinois Commerce Commission 527 E. Capitol
Ave.Springfield, IL 62701 www.icc.illinois.gov 1-800-524-0795. Com-Ed Customer Care Center,P.O. Box 805379
Chicago, IL 60680-5379, Residential: 1-800-334-7661, Business: 1-877-426-6331
Billing: You will continue to receive one monthly bill from your Local Utility for the electric 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 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. 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
9 a.m. – 5 p.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 email@example.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
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.
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 as supplied and reported by the electric 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
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.
TGreen 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 firstname.lastname@example.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 CUTSOMERS. 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