Terms of Service

This TERMS OF SERVICE (“Agreement”) between the customer (“You”) and Discount Power, Inc., (“DPI”), MA license # CS-093, is for electric generation service supplied to residential customers. DPI is a competitive retail supplier of electricity, does not operate under a collective bargaining agreement and is not your local utility. This agreement, together with the other documents enclosed in the welcome packet and along with any of the notifications described in the body of this agreement constitute a binding contract that defines and states the entire relationship between you and DPI. This document supersedes any other written or oral statements made in connection with the relationship. For the specific information about Price, Product, Term and Fees of your Agreement with DPI, please refer to your Welcome Letter.

PRICE PLAN STRUCTURE: Each month the generation supply portion of your electric bill will be calculated by multiplying the above-noted price per kWh rate by the amount of kWh of electricity you consume. The rate you are charged can further be defined as variable or fixed. A FIXED RATE is a single price per kWh for a specific time period, for example 12 or 24 months. A VARIABLE RATE is a rate that may change as often as monthly with no limit on how high or low the rate may go. Both fixed and variable rates are not regulated by the Massachusetts Department of Public Utilities (“MA DPU”). They are determined by DPI at its discretion and are dependent on many factors including, but not limited to, DPI’s cost of acquisition, ISO-NE wholesale market conditions, time of year, supply and hedging costs both historic and projected and the costs associated with meeting the state’s renewable energy standards. Other charges that may influence the price you pay are transmission costs, capacity costs, taxes (where applicable) and other costs associated with your utility. As explained below, you will receive notice before your Fixed Rate plan expires. Your Variable Rate may change without prior notice to you.

BILLING: You will receive a single bill from your utility that will include DPI’s generation supply charges as well as the utility’s distribution charges, fees and taxes where applicable. Your payment will be due by a date determined by your utility and if you fail to pay the amount by the due date you may be subject to interest and late charges from your utility. Cost recovery charges may be sought by DPI if necessary to recover amounts due for services rendered. DPI does not require customer deposits nor does it report customers to credit agencies. Check with your utility for their policies on late payments, credit agency notification, need for deposit, payment of deposit interest, estimated billing, third party billing, deferred payments and low income rate eligibility.

LIMITATIONS OF LIABILITY: LIABILITIES NOT EXCUSED BY REASON OF FORCE MAJEURE OR OTHERWISE STATED HEREIN SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES. NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, EXEMPLARY, PUNITIVE, INCIDENTAL SPECIAL OR INDIRECT DAMAGES. DPI IS NOT LIABLE FOR INTERRUPTIONS TO, OR SHORTAGES OF, ELECTRICITY SUPPLY, NOR ANY ASSOCIATED LOSS OR DAMAGE RESULTING THEREFROM. THERE ARE NO THIRD PARTY BENEFICIARIES TO THIS AGREEMENT.

RIGHT OF RESCISSION: You may rescind this agreement by contacting DPI in writing, electronically or by telephone ANYTIME BEFORE MIDNIGHT OF THE THIRD (3RD) BUSINESS DAY after you receive your welcome packet. This agreement is not binding until the rescission period has expired and there is no charge for rescission.

TERMINATION: This agreement may be terminated by either party at any time after the expiration of the THREE (3) DAY rescission period. You may terminate by contacting your utility, signing up with another supplier, or by contacting DPI telephonically, electronically or in writing. If you terminate a fixed rate agreement prior to the end of the fixed term, you will be subject to an early termination fee. If you terminate a variable/month to month agreement, there is no charge. If DPI should choose to terminate this agreement for reasons other than non-payment, you will receive written notice sent via first class mail at least TEN (10) DAYS before termination. In either case, timing of the actual termination will be determined by the utility’s processing of the termination and you will be responsible for any electricity consumed up until your utility transfers your service to basic/default service, to another supplier or otherwise terminates your service (e.g., if you move from your current location).

CHARGES, FEES, AND PENALTIES: Fixed rate products may include an early termination fee to cover DPI’s cost of electricity purchased in advance of the agreement’s cessation as stated in the Welcome Letter. Variable rate and month to month products have no early termination fees or penalties.

PRODUCT COMPOSITION: If the product you contracted for contains renewable content above the minimum required by MA regulations, the amount will be identified in Contract Summary. Renewable energy facilities generating renewable energy credits (“REC’s”) will vary, and in addition to the Massachusetts Renewable Energy Portfolio Standards (“RPS”), may include a combination of regional or national sources such as wind, renewable biomass, solar and small scale hydro. Further details regarding sources of renewable energy may be included in the Welcome Letter and/or in the Information Disclosure Label.

NOTICE OF RENEWAL: For any FIXED RATE PLAN, DPI will send a renewal notice between THIRTY (30) and SIXTY (60) DAYS prior to the expiration of the fixed term, informing you (1) of the continuation of your contract under a new Fixed Rate for a specified duration or (2) that you will automatically be enrolled on DPI’s variable rate plan (which you may cancel anytime without penalty or charge), unless you terminate your agreement or otherwise notify DPI of your intention not to renew your enrollment. You may notify DPI by telephone, in writing or electronically of such intention. For VARIABLE RATE OR MONTH TO MONTH PLANS, you will not receive a renewal notice since these plans continue on a month to month basis and can be cancelled anytime without penalty or charge.

CHANGE IN TERMS: You will be provided with THIRTY (30) DAY written notification of any material changes in this agreement (other than changes in rates) prior to the effective date of those changes. If you do not respond to the mailing, the changes will be initiated to your account.

BASIC/DEFAULT SERVICE AVAILABILITY: Under Massachusetts law, you have the right to basic/default service from your utility. Basic/default service is power supply you receive from your utility as opposed to receiving from a competitive supplier like DPI. All customers are eligible to receive basic/default service at any time and are not required to purchase electricity from a competitive supplier like DPI. DPI makes no representations regarding its price for electricity in comparison to the basic/default service rate available from your utility. In order to compare the price that you pay under this Agreement with the basic/default service rate, you may contact your utility or consult your utility’s website. Your utility’s website should also contain information on how to find your electric generation service rate on your bill.

ASSIGNMENT: DPI may assign, sell, transfer or pledge this account to another entity as authorized by the MA DPU. You may not assign your interests or delegate your obligations under this agreement without the express written consent of DPI.

SEVERABILITY: If any provision described in this agreement is found to be unenforceable, void or invalid by a court of competent jurisdiction or any regulatory agency, the remaining provisions shall remain valid and continue in full force.

REPRESENTATIONS AND WARRANTIES: The electricity provided under this agreement will meet the standards of the applicable utility and will be supplied from a variety of electric generation sources including the electricity provided pursuant to any renewable energy product requirement. In addition to the Massachusetts Renewable Energy Portfolio Standard minimums, your service may include renewable energy credits from a combination of regional or national resources, such as; wind, renewable biomass, solar, and hydro. Further details regarding sources of renewable energy may be included in the Welcome Letter and Disclosure Statement. DPI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OTHER THAN THOSE SET FORTH SPECIFICALLY IN THIS AGREEMENT INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

FORCE MAJEURE: DPI will use reasonable efforts to provide electricity supply to you pursuant to this agreement. Force Majeure events are those that are out of the control of the parties and may prevent us from performing our obligations under this agreement. Force Majeure events include, but are not limited to certain Acts of God, sabotage, war, acts of terrorism, natural disasters and other cataclysmic events. In these instances where the parties are unable to perform their obligations and with written notice given in a timely manner, one or both parties may be excused from performing their obligations under this agreement for a reasonable period of time.

DISPUTE RESOLUTION: If you have a dispute with DPI as it relates to this agreement, you may call, write or email DPI using the contact information provided below. You may also contact the MA DPU at the contact number below. If you are unsatisfied with the results you receive from DPI the MA DPU may make available a formal dispute resolution procedure, which may include options for mediation, arbitration, facilitation or other dispute resolutions methods. Under such procedure, the MA DPU or a professional neutral provided by the Massachusetts office of dispute resolution may assist in resolving disputes between any customer and a distribution or generation company, aggregator, or supplier against which a complaint is issued. No distribution or generation company may disconnect or discontinue service to a customer for a disputed amount if that customer has filed a complaint which is pending with the MA DPU.

CONFIDENTIALITY: This agreement authorizes your utility to release all information regarding your utility account that includes, but is not limited to, account name, account number, billing history, usage history, payment history and rate classification. DPI will not provide or sell this information without your consent unless required by law. DPI reserves the right to reject your enrollment or terminate this agreement if these authorizations are rescinded or refused.

EMERGENCIES AND POWER OUTAGES: If you experience a power outage or other electricity related emergency, please contact your utility. Contact information is provided below.

The MA Environmental Disclosure statement can be found HERE.

Please retain this document for your records.