Maryland Terms & Conditions
- Agreement to Sell and Purchase Energy. This is an agreement between Alpha Gas and Electric LLC for natural gas and/or for electricity
(hereafter “Alpha”), an independent energy services company, and the undersigned customer (“Customer”) under which Customer shall initiate
natural gas and/or electricity service and begin enrollment with Alpha (the “Agreement”). Subject to the terms and conditions of this Agreement,
Alpha enrolling the account, and your utility accepting the enrollment, Alpha agrees to sell and deliver, and Customer agrees to purchase and accept
the quantity of natural gas and/or electricity, as estimated by Alpha, necessary to meet Customer’s requirements based upon consumption data
obtained by Alpha or the delivery schedule of the Local Distribution Utility (the “LDU”). You appoint us as your agent to acquire the supplies
necessary to meet your electricity and/or natural gas needs. Alpha is not affiliated with and does not represent the LDU. The amount of natural
gas and/or electricity supplied under this Agreement is subject to change based upon data reflecting Customer’s consumption obtained by Alpha or
the LDU’s delivery schedule. The LDU will continue to deliver the natural gas and/or electricity supplied by Alpha. The LDU responds to leaks or
other emergencies, should they occur. You agree to accept the measurements as determined by the utility for purposes of accounting for the electricity
or natural gas supplied by the utility. If the utility is unable to read your meter, the utility will estimate your usage and your charges will be calculated
accordingly and adjusted on a future bill
- Term. For Fixed Rate service this Agreement shall be binding as of the date that your enrollment or reenrollment is accepted by Alpha,
shall commence as of the date Customer’s notice regarding the change of Customer’s provider to Alpha is deemed effective by the LDU, and shall
continue for the number of months as stated on the signature page (the “Initial Term”). Unless otherwise agreed to, upon completion of the Initial
Term, this Agreement will renew on a new fixed rate with no change to the remaining terms (the “Renewal Term”). At least 30 days prior to the
Renewal Term of a Fixed Rate, Alpha 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
- Pricing and Billing. The price may be higher than the utility price. Alpha Energy does not guarantee savings. GAS. A $4.95
management fee per month always applies in addition to the price per Therm. (a) Unless otherwise agreed to in writing, the price for all natural gas
sold under this Agreement shall be a variable price which each month shall reflect the wholesale cost of natural gas (including commodity, capacity,
storage and balancing), transportation to the Delivery Point, and other market-related factors, plus all applicable taxes, fees, charges or other
assessments and Alpha’s costs, expenses and margins which can change daily; (b) or If noted, a NYMEX plus an adder that varies each month may
be charged; (c) or If noted, a fixed price plus, in each case, all applicable taxes. The price quoted is only for the specified commodity provided by
the supplier. The price quoted does not include any tax, utility distribution charge, or other utility fee or charge. The supplier’s price is not regulated
by the Commission, has no ceiling and may be higher than your utility. Electric. A $4.95 management fee per month always applies in addition to
the price per kWh. (a) Unless otherwise agreed to in writing, the price for all electricity sold under this Agreement shall be a variable price which
shall each month reflect the cost of electricity obtained from all sources (including energy, capacity, settlement, ancillaries), related transmission
and distribution charges and other market-related factors, plus all applicable taxes, fees, charges or other assessments and Alpha’s costs, expenses
and margins which can change daily; (b) or if noted, a fixed price per kWh, plus in each case, all applicable taxes. The price quoted is only for the
specified commodity provided by the supplier. The price quoted does not include any tax, utility distribution charge, or other utility fee or charge.
The supplier’s price has no ceiling and may be higher than your utility. Customer will receive a single bill for both commodity and delivery
costs from the LDU, or each of the LDU and Alpha may invoice Customer separately. The rules of the utility tariff filed with the Maryland Public
Service Commission (“PSC”) will apply to the billing and collection of monies owed. Customer payments remitted will be pro-rated (when so
required) in accordance with adopted procedures. Commercial Accounts – If usage in any month exceeds the level of usage in the same month in
the previous year (“Base Load”) by ten percent or more, 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 (“True-up”). If the usage in any month falls by ten percent or more 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 (“True-up”). The True up will be billed to the customer in the form of a blended rate of
the agreed upon fixed rate and the True-up value: for months 1-3 on the 4th bill, for months 4-6 on the 7th bill, for months 7-9 on the 10th bill, for
months 10-11 on the 12th bill, and for month 12 as a separate invoice. If there is a material adverse change in the business or financial condition of
Customer (as determined by Alpha at its discretion) or if Customer fails to meet its obligations under this Agreement or pay or post any required
security deposit, then, in addition to any other remedies that it may have, Alpha may terminate this Agreement upon 15 days’ written notice to
Customer.
- Termination. Any or all of your account(s) that are terminated or cancelled shall be returned to the utility unless you contract with another
supplier for energy supply. It may take several billing cycles for your account(s) to be returned to the utility. You are required to pay all of the
charges for the energy supplied by Alpha until such time as the utility or other supplier actually begins supplying the energy to your account(s).
While receiving service on a variable rate, either party may cancel or terminate this Agreement by providing notice to the other party. For Fixed
Agreement: If there is a material adverse change in the business or financial condition of Customer (as determined by Alpha at its discretion) or if
Customer fails to meet its obligations under this Agreement or pay or post any required security deposit, then, in addition to any other remedies that
it may have, Alpha may terminate this Agreement upon 15 days’ written notice to Customer. For fixed price service of 4 months or more, unless
otherwise agreed in writing: (a) If Customer terminates this Agreement prior to the end of the Initial or Renewal Term or if Alpha terminates this
Agreement due to Customer’s breach, the Customer shall pay Alpha, in addition to any other applicable charges, a cancellation fee equivalent to the
greater of (a) $500 or (b) 2¢ per kWh multiplied by the estimated amount of kWh remaining for the duration under the Fixed Rate agreement and/or
20¢ per therm multiplied by the estimated amount of therms remaining for the duration under the Fixed Rate agreement, as applicable, using the
actual volumes received by Customer for the prior 12 month period as the volumes used in determining the estimated amount. However, for all
Residential customers the is NO Early Termination Fee. The Early Termination Fee is not a penalty, but is intended to compensate us for the
cost of buying electricity or natural gas in advance on your behalf. If, due to significant changes in the structure of the deregulated electric or natural
gas market or for any other reason relevant to Alpha Energy’s ability to supply electricity or natural gas, it becomes no longer feasible or practical
for Alpha Energy to supply electricity or natural gas and must leave the market as an electric or natural gas supplier, then Alpha Energy will notify
you of this fact in writing within 45 days and will advise you of your available choices. No penalty will be assessed in this event.
- Assignment. Customer may not assign its interests in and delegate its obligations under this Agreement without the express written consent
of Alpha. Alpha 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
the PSC.
- Information Release Authorization. Customer authorizes Alpha to obtain and review information regarding Customer’s credit history
from credit reporting agencies and the following information from the LDU: consumption history; billing determinants; account number; credit
information; public assistance status; existence of medical emergencies, status as to whether Customer has a medical emergency, is human needs,
elderly, blind or disabled and data applicable under COMAR § 20.31. This information may be used by Alpha to determine whether it will commence
and/or continue to provide energy supply service to Customer and will not be disclosed to a third party unless required by law. Customer’s execution
of this Agreement shall constitute authorization for the release of this information to Alpha. This authorization will remain in effect during the Initial
Term and any Renewal Term. Customer may rescind this authorization at any time by providing written notice thereof to Alpha or by calling Alpha
at 1.888.636.3749. Alpha reserves the right to cancel this Agreement in the event Customer rescinds the authorization. If you fail to remit payment
in a timely fashion, we may report the delinquency to a credit-reporting agency. If you have provided an e-mail address, notices sent via e-mail shall
constitute written notice under these terms and conditions.
- Rescission. A residential Customer may rescind this Agreement within 3 business days after the signing or receipt of this Agreement,
whichever comes first, by contacting Alpha at 1.888.636.3749 or in writing.
- Agency — Gas. Customer hereby designates Alpha as agent to; (a) arrange and administer contracts and service agreements between
Customer and Alpha and between the interstate pipeline transporters of Customer natural gas supplies; (b) nominate and schedule with the interstate
pipeline the transportation of Customer’s natural gas supplies from the Sales point to the Delivery Points, and with the LDU for the transportation
of the Customer’s natural gas supplies from the Delivery Points to the Customer’s end-use premises; and (c) aggregate Customer’s natural gas
supplies with such supplies of other customers served by Alpha to maintain qualification for LDU transportation service and resolve imbalances
that may arise during the term of this Agreement. Alpha as agent for the Customer will schedule the delivery of adequate supplies of natural gas
that meet the Customer’s city gate requirements as established by the LDU and in response to information provided by the LDU. The Sales Points
for the natural gas supplies provided under this Agreement will be a point or points located outside the State of Maryland as selected from time to
time by Alpha to assure service reliability. The Delivery Points for the natural gas transported by interstate pipelines will be the city gate stations of
the LDU. Alpha agrees to arrange for the transportation of the natural gas supplied under this Agreement from the Sales Points to the Delivery
Points and from the Delivery Points to the Customer’s end-use premises. These services are provided on an arm’s length basis and market-based
compensation is included in the price noted above. Agency — Electric: Customer hereby designates Alpha as agent to; (a) arrange and administer
contracts and service agreements between Customer and Alpha and those entities engaged in the generation, transmission and delivery of Customer
electricity supplies; and (b) forecast and schedule with the appropriate entities including the LDU for the delivery of electricity to the Sales Point
and the Customer’s end-use premises. Alpha as agent for the Customer will schedule the delivery of adequate supplies of electricity that meet the
Customer’s requirements as established by the LDU and in response to information provided by the LDU. The Sales Points for the electricity will
be a point at the Alpha load bus (located outside of the municipality where Customer resides). These services are provided on an arm’s length basis
and market based compensation is included in the price noted above.
- Title. Customer and Alpha agree that title to, control of, and risk of loss to the natural gas supplied by Alpha under this Agreement will
transfer from Alpha to Customer at the Sales Point(s).
- Warranty. This Agreement, including any enrollment form and applicable attachments, as written makes up the entire Agreement between
Customer and Alpha. ALPHA MAKES NO REPRESENTATIONS OR WARRANTIES OTHER THAN THOSE EXPRESSLY SET FORTH IN
THIS AGREEMENT, AND ALPHA EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE.
- Force Majeure. Alpha will make commercially reasonable efforts to provide natural gas and/ or electricity hereunder but Alpha does not
guarantee a continuous supply of natural gas and/ or electricity to Customer. Certain causes and events out of the control of Alpha (“Force Majeure
Events”) may result in interruptions in service. Alpha will not be liable for any such interruptions caused by a Force Majeure Event, and Alpha 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 LDU (including, but not limited to, a facility outage on its gas distribution lines
or electric facilities), changes in laws, rules, or regulations of any governmental authority or any other cause beyond Alpha’s control.
- Liability. The remedy in any claim or suit by Customer against Alpha will be solely limited to direct actual damages. All other remedies
at law or in equity are hereby waived. In no event will either Alpha 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 third-party beneficiaries to this Agreement.
- Alpha Contact Information. Customer may contact Alpha’s Customer Service Center at 1.888.636.3749, Monday through Friday 9:00
a.m. – 5:00 p.m. EST (contact center hours subject to change). Customer may write to Alpha at: 12 College Rd, Monsey NY 10952. Notice to the
Customer may be provided through electronic mail to the address provided by Customer. We are licensed by the Maryland Public Service
Commission (“PSC”) and our license numbers are IR-4193 for electricity and IR-4290 for natural gas.
- Dispute Procedures. 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. The dispute or complaint relating to a
residential customer may be submitted by either party at any time to the Maryland PSC’s Office of External Relations at (800) 492-0474,
www.psc.state.md.us, or William Donald Schaefer Tower 6 St. Paul St., 16th Floor Baltimore, MD 21202. Customer must pay the bill in full during
the pendency of the dispute, and such payment shall be refunded if warranted by the decision of PSC. Any claim by customer must be resolved by
the PSC or mandatory arbitration as discussed below. 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.
- Choice of Laws. 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 New York. This Agreement shall be construed under and shall be governed by the laws of the State of Maryland
without regard to the application of its conflicts of law principles.
- Taxes and Laws. Except as otherwise provided in the Agreement or provided by law, all taxes of whatsoever kind, nature and description
due and payable with respect to service provided under this Agreement, other than taxes based on Alpha’s net income, shall be paid by Customer,
and Customer agrees to indemnify Alpha and hold Alpha harmless from and against any and all such taxes.
- Regulatory Changes. This Agreement is made and shall be construed in accordance with the laws of the State of Maryland. 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. Commercial Accounts: 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, Alpha 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.
- Emergency Service. In the event of an electricity or natural gas emergency or service interruption, contact your LDU at one of the
telephone numbers listed below. You should also contact your local emergency personnel by dialing 911. BG&E, Power Outage (877) 778-2222,
Gas Leak (800) 685-0123. Delmarva Power, Power Outage (800) 898-8042. PEPCO, Power Outage (877) 737-2662. Potomac Edison, Power
Outage (888) 544-4877. Washington Gas, Gas Leak (800) 752-7520. Columbia Gas, Gas Leak (888) 460-4332.
- Refund Policy. As the commodity supplied under this Agreement is immediately used and consumed by Customer upon delivery, it is not
practical to return the product subject to this Agreement, and therefore refunds with respect to the commodity are not provided.
- Parties Bound. This Agreement is binding upon the parties hereto and their respective successors and legal assigns. Any and all prior or
contemporaneous agreements, understandings and representations between the parties, whether verbal or written, are superseded by the Agreement.
- Material Change. From time to time, we may make changes to our terms and conditions. If we make any changes that are material to your
Agreement, we will send you a written notice at least 30 days prior to making such changes. The changes will automatically take effect unless you
notify us within 25 days after the date of our written notice that you wish to terminate this Agreement instead of accepting the changes.
- Relocation. If you are moving, please contact us as well as your utility to ensure a smooth transition of your service. This Agreement will
remain in effect if you move to a location within the State of Maryland where we provide substantially similar service and we will continue to
provide service at your new location. However, if you move to a location outside the State of Maryland or to a location within the State of Maryland
where we do not provide substantially similar service, we may terminate this Agreement.
- Severability. If any provision of the 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 the Agreement
and no partial or single exercise thereof shall constitute a waiver of such rights or of any other rights hereunder. Customer and Alpha 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 of the terms herein. In the case of telephonic or electronic enrollment, execution shall be deemed provided pursuant to
the methods authorized under the Annotated Code of Maryland Commercial Law.
- Green Product. A portion of your gas and/or Electric Usage will be covered by a Green product. Electric – Your purchase of Electricity under this Agreement causes the purchase of Renewable Energy Certificates (RECs) and supports renewable production. 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. 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 less air pollution or carbon dioxide. Gas – Your purchase of Gas under this Agreement causes the purchase of carbon offsets and supports renewable production. Carbon offsets are to be regarded as a real environmental commodity, not a donation or investment in a future emissions reduction project. The actual percentages or metric tons of GHG emissions reductions by type may vary.
- “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.
- Email. Providing an email address constitutes acceptance of Customer’s enrollment in the monthly e-newsletter and acceptance of all
notices by email.
