Andeler Corporation
Texas Residential Terms of Service Agreement
REP License #10049
Effective Date: May 1, 2010, v.10.3R.
The following is your Terms of Service (“TOS”, “TOSA”) Agreement (“Agreement”) with Andeler Corporation (“Andeler Power”, “Andeler Power”, “Andeler”, “we”, “our”) for the purchase of electricity service. Please retain this Agreement for your records. Andeler Power is certified as a Retail Electric Provider (“REP”) by the Public Utility Commission of Texas (“PUCT”), Certificate #10049. A complete copy of the PUCT’s Customer Protection rules is available on the PUCT’s website at http://www.puc.state.tx.us/rules/subrules/electric.
Mailing Address: P.O. Box 67; Lubbock, TX 79408
Telephone Number: 1-866-808-8839
Fax Number: 1-866-578-2358
Email: customerservice@andeler.com
General Office Hours: 9:00 AM - 5:00 PM CT Mon. - Fri.
Customer Service Hours: 9:00 AM - 5:00 PM CT Mon. - Fri.
Andeler Corp will arrange for the delivery of electricity from your local energy delivery company (officially referred to as your Transmis sion and
Distribution Service Provider, or “TDSP”) to the service location designated by you pursuant to this Agreement.
Outage Reporting: In the event of an outage in your area please call your local TDSP:
Oncor Electric Delivery (888) 313-4747
Centerpoint Energy (800) 332-7143
AEP Texas Central (866) 223-8508
AEP Texas North (866) 223-8508
Texas New Mexico Power (888) 866-7456
Andeler Power is not liable for service interruptions or outages. Any questions relating to your electric distribution lines or meters should be directed to your local energy delivery company listed above.
Term & Renewal: Depending on which plan you (“customer”) have selected, your service under this Agreement is provided on either a month-to-month (Standard Plan) basis or a term basis. If you are currently an Andeler Power customer and are switching to a term plan, your term will become effective the date you request the switch to the term plan. If you are a new customer, your term will become effective on the day your service begins with Andeler Power, which coincides with the date your meter is read by your TDSP. Because this date is determined by your TDSP, Andeler Power is not able to commit to a specific date for the commencement of service. Upon the expiration of your term, your service will automatically continue on a month-to-month (Standard Plan) basis unless either you or Andeler Power cancels the Agreement, as specified below in the Cancellation Rights Section of this Agreement. This change to month-to-month pricing will be made automatically without further notice. In cases of service cancellation due to disconnection for non-payment, Andeler Power will reinstate service on Andeler Power’s Standard Plan.
Right to Rescind: If you are switching to Andeler Power from another retail electric provider, you may rescind this Agreement without fee or penalty of any kind within three (3) federal business days after receiving the Terms of Service document by notifying Andeler Power toll-free by phone at 1-866-808-8839 or by fax at 1-866-578-2358. If rescinding by fax, please write the name of the account, address, phone number, and ESI ID that you are rescinding this Agreement with within three (3) federal business days of receiving Andeler Power’s Terms of Service. (PUCT Subt. Rule §25.474)
Pricing: Your rate for service, as indicated on the Electricity Facts Label (EFL), as incorporated into, and forms an integral part of, this Agreement, includes all recurring TDSP charges for the delivery of electricity. The electricity price, non-recurring TDSP charges or credits, service connection, disconnection or account reinstatement fees, taxes and any additional charges will appear as separate items on your bill. You are responsible for all federal, state and local taxes and charges. You agree to pay the electricity price and all other amounts shown on the invoice from Andeler Power in a timely manner in accordance with this Agreement. Andeler shall not use a credit score, credit history, or utility payment data as the basis for determining the price for electric service for a product with a contract term of 12 months or less for an existing residential customer or in response to an applicant’s request to become a residential customer (PUC §25.475(c)(2)(E)). Month-to-month customers are subject to rate adjustments throughout the term of this agreement, but not more than once per billing cycle, to reflect changes in market costs and the cost of fuel used to generate electricity. Customers that choose a term product have a fixed price for the term; however, in cases of service cancellation due to disconnection for non-payment and subsequent reconnection of service to Andeler Power, Andeler Power will reinstate service under Andeler Power’s Standard Plan. Under either the month-to-month or term product plans, the price paid per kWh by the customer may be adjusted to account for charges associated with TDSP rate changes.
Fixed Rate Products: The price of a fixed rate product may only change during a contract period to reflect actual changes in TDU charges, changes to changes to the Electric Reliability Council of Texas (ERCOT) or Texas Regional Entity administrative fees charged to loads; or changes resulting from federal, state or local laws or regulatory actions that impose new or modified fees or costs that are outside Andeler Power’s control. Price changes resulting from these limited circumstances do not require us to provide you with advance notice; however, each bill issued for your remaining contract term will notify you that a price change has been made. Non-price related changes to the provisions of fixed rate products can be made by providing you with advance notice, with the exception that we cannot change the length of your contract term. We will notify you at least fourteen (14) days before the change is applied to your bill or otherwise takes effect. If you do not cancel your Contract before the effective date of the change, the change will become effective on the date stated in your notice. Notice is not required for a change that benefits you as the customer.
Contract Expiration Notice: A contract expiration notice will be sent at least fourteen (14) days prior to the end of the initial contract term. If the customer fails to take action to ensure the continued receipt of retail electric service from Andeler Power upon the contract’s expiration the customer will continue to be served by Andeler Power automatically under Andeler Power’s default renewal product, which shall be a month-to-month product.
Cancellation Rights/Termination: To cancel this Agreement, you may call or fax us at the contact information provided above. Cancellation is permitted for any reason within the three (3) day initial request to switch, see Right to Rescind. You may cancel your Agreement with Andeler Power without penalty if (i) Andeler Power notifies you of a material change to the Terms of Service (see the Material Change provision of this Agreement for more information) or (ii) you move to another premise. Andeler Power reserves the right to terminate this Agreement for non-pay, believable threats or harm made by the customer to Andeler Power’s owners, employees, or contractors, or for insufficient payments past the due date. If Andeler Power submits a disconnection order to the TDSP for non-payment and you would like to continue to receive service from Andeler Power, your service will continue on a month-to-month basis under Andeler Power’s Standard Plan. To cancel this Agreement, you may call or fax us at the contact numbers provided above. Regardless of the method or reason for cancellation of the Agreement, you are responsible for all outstanding charges incurred through the date on which the cancellation is effected by the TDSP. If you select a contract term product with Andeler Power and are past the Right to Rescind period, you will be charged a Contract Cancellation Fee if you terminate your agreement before the end of the contract date. The fee will be $150 for a 6-month contract and $299 for a 12-month contract. This early termination fee will be waived if customer moves to another premise and provides evidence of moving upon request for service cancellation and a forwarding address.
Non-recurring Charges: Non-recurring TDSP charges assessed to Andeler Power due to a move-in or switch will be passed through to the customer. Non-recurring TDSP initiated charges, may include, but are not limited to out-of-cycle meter reads, meter test fee, connection and reconnection fees, and move-in fees. Other discretionary charges the TDSP may assess that Andeler Power may pass on to the customer include, but are not limited to meter tests, meter tampering costs, and broken meter seal repairs. Andeler Power reserves the right to include in any subsequent bill, adjustments related to previous billings, previous billing errors, meter read errors, miscalculation of taxes or other errors or omissions. Andeler Power also reserves the right to include non-recurring charges in the form of late fees (5% of current balance due), non-sufficient check fees (NSF fees) in the event of a returned check/electronic funds transfer ($35 per item), reconnect fee due to a disconnect for non-pay ($25 per ESIID), or early contract cancellation fees (refer to your EFL for your product and contract cancellation fee).
Related Fees: For purposes of this Agreement, Related Fees shall include any and all fees allowed to be charged by the PUCT or ERCOT to Retail Electric Providers in relation to delivering electric service to the Service Address. This amount includes, but is not limited to, the following items: (i) congestion management fees, (ii) ERCOT ISO fee, (iii) Balancing Energy Neutrality Adjustment fee, (iv) “Reliability Must Run” fee and (v) “Unaccounted for Energy” losses fee.
Credit: This Agreement is conditioned upon you demonstrating to us your creditworthiness and is subject to your meeting the credit requirements of Andeler Power, each in our sole discretion, throughout the Delivery Term. You agree to cooperate with Andeler Power in establishing your creditworthiness. If you do not have satisfactory credit, Andeler Power will require you to post a deposit before service can be established.
Deposits: Andeler Power will not deny service based on your creditworthiness; however, you may be required to provide an initial deposit if you do not meet Andeler Power’s credit standards or you cannot demonstrate satisfactory credit as defined in the PUCT Substantive Rule § 25.478. If a deposit is required, the total amount of your deposit will not exceed an amount equivalent to the greater of either (1) the sum of the next two months estimated billings or (2) one-fifth of the estimated annual billing. Interest will accrue on cash deposits retained for longer than thirty (30) days. The interest rate is established annually by the PUCT and the interest shall accrue from the date the deposit is received. Refunds of a deposit and the accrued interest will be given after offsetting the deposit against any amounts owed in the customer’s final bill. Certain customers may be eligible for a deposit payment option. Customers that are the victim of family violence and can provide a certification letter by the Texas Council of Family Violence may not be required to pay a deposit.
Deposit requirements can be waived if you (i) possess a satisfactory credit rating with a credit reporting agency; (ii) are an existing customer of another REP and can provide a letter of guarantee from that prior REP(s) that can prove that you have had no more than one (1) late payments in the last twelve (12) months of service; (iii) sixty-five (65) years or older and not currently delinquent in payment of any electric service account; (iv) submit a letter from the Texas Council of Family Violence certifying that you have been a victim of family violence; or (v) submit proof that you are medically indigent. Please refer to PUCT §25.478(a) for further information on factors determining deposit requirements/waivers. As an existing customer you may be required to provide an additional deposit to continue to receive electricity service if your electricity service has been disconnected for non-payment at least once in the previous twelve (12) months. Customers who qualify for the Texas Lite-Up Discount Program may pay any deposit equal to or in excess of $50.00 in two (2) equal installments.
If you fail to pay your deposit within the time frame stated at the time of agreement/contract for service, Andeler Power does reserve the right to terminate your Contract and service. We will provide you with written notice of disconnection, which may be combined with or sent at the same time as a written request for a deposit.
Deposit Refund: If you have posted a deposit with Andeler Power and have paid your bills in full with no late fees assessed for twelve (12) consecutive months, we will refund your deposit and any accrued interest through a bill credit. If you close your account with Andeler Power, we will refund your deposit and any accrued interest, after deducting any outstanding balance you owe for electric service.
Payments: You will receive a monthly bill. All bills are due and payable sixteen (16) days after issuance, which is defined as the statement date on your invoice or the postmark date on the envelope, whichever is later. Bills shall be deemed past due and delinquent at the close of business on the day the bill is due. Late payments, delinquent or past due balances may result in a penalty equal to 5% of the month’s past due amount. Andeler Power will charge $35.00 for each transaction not processed due to insufficient funds including (i) returned checks, (ii) returned electronic fund transfers, and (iii) rejected credit card transactions.
Payment Arrangements: If you are unable to pay your bill on time, please call Customer Care immediately. Andeler Power may arrange a Deferred Payment Plan that allows you to pay an outstanding bill in installments beyond the due date of the next bill. Andeler Power may require an initial payment to initiate the agreement. Andeler Power will offer you a Deferred Payment Plan unless you have received more than two (2) disconnection notices during the past twelve (12) months or unless you have been an Andeler Power customer for less than three (3) months and do not have sufficient credit or payment history with another REP. If a disconnection notice was issued before a payment arrangement was made, but a payment arrangement is then subsequently agreed to between you and Andeler Power, disconnection will be suspended until after the date of the payment agreed to in such payment arrangement. All REPs must offer customers deferred payment plans for bills that are due during an extreme weather emergency and to customers who have been under-billed in the amount of $50.00 or more. A deferred payment plan may include a 5% penalty for late payment; however, the POLR may not charge a late fee to customers with an annual peak demand of less than 50 kW.
Level/Average Billing: Andeler Power offers Level or Average Billing to customers who are not currently delinquent in payment. This program allows you to pay approximately the same monthly amount for electric service. This program is offered to any customer who meets Andeler Power’s eligibility requirements. Andeler Power may bill or credit any overbilling or underbilling, as appropriate, at least once every twelve (12) months. Andeler Power may collect under-recovered costs from a customer annually or upon termination of service to the customer. Andeler Power shall refund any over-recovered amounts to customers annually or upon termination of service to the customer. The reconciliation will occur (i) at the end of every twelve (12) months that you are on Average Billing, (ii) if you are past due on any monthly bill, (iii) if you cancel your service or (iv) if you switch to conventional billing. Andeler Power may initiate its normal collection activity if the customer fails to make timely payments according to such a plan. If you do not fulfill the terms of the payment arrangement, Deferred Payment Plan, or the Level or Average Billing, Andeler Power may disconnect your service as discussed in the “Disconnection of Service” section of this document. For additional details on these programs, please contact Andeler Power for more information.
Low Income Energy Efficiency Programs: Andeler Power administers a special discount, subject to funding approved by the Texas Legislature reserved for low-income customers that have been qualified by the Low-Income Telephone & Electric Utilities Texas Program ("LITE UP"). For more information regarding the LITE UP program please visit http://www.puc.state.tx.us/ocp/assist/liteup/index.cfm or call 1-866-454-8387. Andeler Power also accepts several other forms of bill payment assistance programs. If you are in need of bill payment assistance please call Andeler Power immediately for options on help with your bill.
Disconnection: Andeler Power may disconnect service for non-payment if amounts due remain unpaid ten days after a Disconnection Notice has been sent (PUCT Subt. Rule §25.483). Fraud or non-payment shall be considered breaches of this Agreement. Disconnection of service will not excuse you from paying any outstanding amounts owed to Andeler Power. Andeler Power reserves the right to assess an additional deposit for customers who are disconnected due to non-pay or if a disconnect order has been sent to the TDSP due to non-pay regardless of whether your service was disconnected by the TDSP. If service is not reconnected within ten days of disconnection for non-payment, Andeler Power reserves the right to cancel this Agreement and require a new deposit for service initiation.
Disconnection Without Notice: Andeler Power may disconnect service immediately for the following reasons: (i) a known dangerous condition exists, in which event; prior notice will be given, if possible (notice will be provided by phone or posted on the door of the residential unit as soon as practicable after service is disconnected); (ii) service was connected by a person without authority and without an Agreement; (iii) service is reconnected without authority after being disconnected for failure to pay; (iv) there is evidence of tampering with equipment of the Transmission or Local Distribution utility, municipally owned utility or electric cooperative; and (v) there is evidence of theft of service. If service was disconnected due to a dangerous situation, customer must correct the situation and notify Andeler Power before service will be reconnected.
Collections: In the event you default in the prompt payment of amounts due under this Agreement, Andeler Power reserves the right to assess any and all fees or charges reasonable and necessary in order to collect or attempt to collect delinquent balances. Andeler Power may use the services of debt collection agencies, consumer reporting agencies and other remedies as allowed by law to collect any unpaid balances on your account.
Refusal of Service: Andeler Power may refuse to provide electric service under the provisions of the PUCT Subst. Rule §25.477, which provisions permit service refusal of customers for reasons including: prior debt, inadequate facilities, and prohibited equipment. Please call the PUCT (1-888-782-8477) if you have any questions or want information on PUCT rules and regulations or visit the link to the PUCT website provided at the top of this document.
Discrimination: Andeler Power will not discriminate, deny service, or require prepayment or deposit for service based on race, creed, color, national origin, ancestry, sex, marital status, lawful source of income, level of income, disability, familial status, location in an economically distressed geographic area, or qualification for low income or energy efficiency services.
Material Change: Andeler Power will provide you with forty-five (45) calendar days advance written notice of any material change in the Terms of Service, either in your bill or in a separate mailing to your billing address. The material change(s) will become effective on the date stated in the notice. In the event of a material change that does not favor you; you will have the option to cancel this Agreement without penalty or fee no later than ten (10) days before the material changes take effect. Your option to cancel will not be provided if the changes favor the customer or are mandated by the PUCT or other regulatory agency. Pricing changes made due to a change in law or regulation may be made without granting any right to cancel this Agreement without penalty.
Customer Information: By entering into this Agreement, your TDSP may release to us certain information that we need to provide you with service, including your address, phone number, account numbers and historical usage information.
Force Majeure: We will endeavor in a commercially reasonable manner to provide service, but we do not guarantee a continuous supply of electrical energy. Events that are out of our control (“force majeure” events) may result in interruptions in service. We will not be liable for any such interruptions. We do not generate your electricity nor do we transmit or deliver electricity to you. Therefore, you agree that we are not liable for damages caused by events of force majeure, including acts of God, acts of any governmental authority, including the Public Utility Commission of Texas or the Electric Reliability Council of Texas (“ERCOT”), accidents, strikes, labor trouble, required maintenance work, inability to access the TDSP system, non-performance of the TDSP, changes in laws, rules, regulations, practices or procedures of any governmental authority or ERCOT, or any cause beyond our control.
Limitations of Liability: Liabilities not excused by reason of force majeure or otherwise shall be limited to direct actual damages. Neither party will be liable to the other for consequential, incidental, punitive, special, exemplary or indirect damages. Lost profits or penalties of any nature are hereby waived; these limitations apply without regard to the cause of any liability or damage, including the negligence of Andeler Power. There are no third party beneficiaries to this Agreement.
Representations and Warranties: The electricity sold under this Agreement will meet the applicable TDSP’s standards and may be supplied from a variety of sources. Andeler Power makes no representations or warranties other than those expressly set forth in this Agreement, and Andeler Power expressly disclaims all other warranties, express or implied, including warranties of merchantability and fitness for a particular purpose.
Assignment: You may not assign this Agreement, in whole or in part, or any of its rights or obligations hereunder without the prior written consent of Andeler Power. Andeler Power may, without your consent: (i) transfer, sell, pledge, encumber or assign this Agreement or the accounts, revenues or proceeds hereof in connection with any financing or other financial agreement; (ii) transfer or assign this Agreement to an affiliate of Andeler Power; (iii) transfer or assign this Agreement to any person or entity succeeding to all or substantially all of the assets of Andeler Power; and/or (iv) transfer or assign this Agreement to a certified REP. In the case of (ii), (iii) or (iv) any such assignee shall agree in writing to be bound by the terms and conditions hereof. Upon any such assignment, customer agrees that Andeler Power shall have no further obligations.
Excuse: If an event occurs which makes it impossible for Andeler Power to perform under this Agreement, such as an act of God, extraordinary weather occurrence, war, civil disturbance or other national emergency, our performance under this Agreement shall be excused for the duration of such event. This could be an event affecting your TDSP, such as a facility outage on their electric distribution lines.
Governing Law: This Agreement shall be governed by and construed, enforced and performed in accordance with the laws of the State of Texas and venue shall be in Lubbock County, Texas. The provisions of the Uniform Commercial Code (“UCC”) shall apply to this Agreement, and electricity shall be a “good” for purposes of the UCC.
