Discount Power Terms and Conditions of Electric Service

Discount Power, Inc. (“DPI”) is licensed by the Public Utilities Commission of Ohio (“PUCO”) to offer and supply electric generation services in Ohio (Certificate #12-601E(1)). “We”, “us” or “our” refers to DPI. “You” or “your” refers to the customer. “Electric Distribution Utility” or “EDU” refers to the utility company listed above.

These Terms and Conditions and the welcome letter together govern your purchase of electric generation services from us (“Agreement”). Please keep a copy for your records.

1. Services: DPI will supply all the electricity that the Customer needs for its home or business (“Supply Service”). DPI is a competitive retail electric service provider and not the EDU. The EDU will continue to deliver electricity to the Customer’s home (“Distribution Service”), read the Customer’s meter, bill the Customer, and make repairs. The EDU will also respond to emergencies and they will remain the Customer’s point of contact in the case of power outage.
2. Price: The rate will be $0.055 per kilowatt-hour (kWh) for nine (9) billing cycles of service. After nine (9) billing cycles of service, the customer will receive DPI’s variable rate for electricity. The variable will be based upon numerous factors, including but not limited to the costs incurred by DPI to provide the Supply Service, through procurement in the RTO-administered and/or other short-term markets, as well as the costs for supply and associated products that DPI requires to meet your electric generation supply requirements (including, without limitation, energy, imbalance energy, losses, capacity, transmission, ancillary services, alternative or renewable energy requirements, other RTO charges, taxes, and any other required products or services). The customer agrees and understands that the rate can fluctuate month to month. In addition, you are responsible for paying your local utility distribution and transmission charges as well as any other applicable charges. DPI is not responsible for any billing errors made by the public utilities.
3. Term: This Agreement will be effective for each account enrolled, commencing with our receipt of your signed Agreement. Service will commence with the meter read date occurring after enrollment requirements with the host utility company have been met. Service commencement lead time may vary depending on utility enrollment requirements, and your specific meter reading schedule. The fixed rate contract term is for nine (9) billing cycles of service through Discount Power. Following the fixed rate contract term this agreement will renew on a month-to-month basis, at a variable rate, until canceled by either party as provided herein.
4. Renewal Notice: The fixed rate contract term is for nine (9) billing cycles of service through Discount Power. Prior to the conclusion of the fixed rate term, you will receive two separate notices via mail advising that the fixed rate contract term is expiring. If no action is taken, following the fixed rate contract term, this agreement will renew on a month-to-month basis, at a variable rate, until canceled by either party as provided herein.
5. Right of Rescission: You can rescind your acceptance of this Agreement with no penalty within seven (7) calendar days from the postmark date on the EDU’s confirmation notice by calling your local utility at the contact number listed in the Electric Distribution Company Information section above.
6. Termination: There is a $0 early termination fee if canceled outside of the rescission period (above) and service through Discount Power ends prior to the conclusion of the fixed rate contract term. It will take a reasonable amount of time for your EDU to process a service cancellation with DPI. During that time you agree to pay for the electricity you consume that is supplied by DPI. You are responsible for arranging your electric supply upon the expiration or termination of this Agreement. The rates provided by DPI pursuant to this Agreement are intended for the Residential (RS) rate class. If your service location has not been assigned this rate class, DPI reserves the right to cancel this Agreement and return you immediately to default service with the EDU. In the event this occurs, you will receive a written or verbal communication to this effect and you will have the opportunity to enroll in one of DPI’s commercial rate plans if offered for your rate class.
7. Credit and Deposit: Prior to the acceptance of this Agreement by DPI, we may conduct a credit check to determine your initial creditworthiness. You consent to said credit check and agree that if you do not satisfy our credit standards we may request reasonable credit assurance to accept this Agreement, which may include requiring a deposit based upon 60 days of DPI estimated charges. No interest will be paid on a required deposit. In addition, we may require reasonable credit assurance if you do not pay your bill on time. Any cash deposit will be allocated to any balance owed us at the time of your final bill with DPI charges, and any remaining amount will be returned to you.
8. Billing and Payment: You will continue to receive a single bill from the EDU that will contain DPI’s charges for electric supply as well as the EDU's charges for the delivery of such electricity. You agree to pay all amounts invoiced by the EDU. We do not offer budget billing or summary billing for Service under this Agreement. DPI may terminate the Agreement on at least 14 calendar days written notice should you fail to pay the bill or fail to meet any agreed-upon payment arrangements. The EDU’s charges include distribution (delivery) service and all non-bypassable charges of the EDU that are approved by PUCO. If you have any questions regarding the EDU charges please contact them directly. Failure to pay the EDU charges may result in disconnection as provided in the EDU's tariff. If you do not pay your bill on time you may incur late fees. You may also forfeit your ability to choose another Certified Retail Electric Supplier until arrearages are paid.
9. Information Disclosure: By signing this agreement, you authorize your EDU to release to us any account information we need to help us serve you, including historical usage information, account number and payment history. You also agree that we may provide your EDU with a copy of this Agreement, and you authorize the EDU to treat a copy of this Agreement as the original during the term. We will not release your account number or social security without your written consent, except for our own credit and collection purposes, for participation in programs funded by the universal service fund pursuant to section 4928.52 of the Revised Code, for permitted assignments of this Agreement, or as otherwise required by law.
10. Notification of Materials Changes: If DPI materially changes its terms and conditions other than variable market-based pricing, DPI must receive customer’s affirmative consent not less than 30 days or more than 60 days prior to the new terms taking affect.
11. Dispute Procedures: Contact Discount Power, Inc. toll free at 1-877-507-7350 or by mail at 6 Armstrong Rd. Shelton, CT 06484 with any questions concerning our service. If your complaint is not resolved after you have called your electric supplier and/or electric utility, or for general 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://www.puco.ohio.gov. Residential customers may also contact the Ohio Consumers’ Counsel for assistance with complaints and utility issues toll-free at 1-877-742-5622 from 8 AM to 5 PM weekdays, or at http://www.pickocc.org.
12. ASSIGNMENT: DPI reserves the right to assign the Supply Service and this Agreement at the discretion of DPI at any time in accordance with PUCO rules and procedures.
13. Environmental Disclosure: The environmental disclosure information is provided with this Agreement and can be found on our website HERE. You agree that DPI may make its required quarterly updates electronically on its website. We will also provide the information to you at no charge upon request.
14. Miscellaneous: You have the right to request your Service payment history from us twice within a 12 month period for up to the 24 month period predating the request without charge. You may be charged a switching fee by the EDU, and if you switch back to the EDU you may not be served the same rates, terms and conditions as other EDU customers. You are solely responsible for any contract termination fees or other fees or damages assessed by any other competitive retail electric supplier. This Agreement will terminate if you move to a location outside of your current Electric Distribution Company’s territory.
15. LIMITATION OF REMEDIES, LIABILITY AND DAMAGES: THE REMEDY IN ANY CLAIM OR SUIT BY YOU AGAINST US WILL BE LIMITED TO THE LESSER OF THE DIRECT ACTUAL EXPENSES, OR THE AMOUNT PAID TO US UNDER THIS AGREEMENT FOR THE SIX MONTH PERIOD PRIOR TO THE OCCURRENCE THAT GAVE RISE TO SUCH CLAIM. IN NO EVENT WILL DPI BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES. THESE LIMITATIONS APPLY WITHOUT REGARD TO THE CAUSE OF ANY LIABILITY OR DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, DISCOUNT POWER, INC. PROVIDES AND CUSTOMER RECEIVES NO WARRANTIES, EXPRESS OR IMPLIED, STATUATORY, OR OTHERWISE AND DPI SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
16. EMERGENCY: In the event of an emergency such as a power outage, you should immediately contact your EDU at the phone number provided in the Electric Distribution Company Information section above.

Please retain this document for your records.