Terms and Conditions for Natural Gas Supply in Ohio.

Discount Power, Inc (“DPI”) is licensed by the Public Utilities Commission of Ohio (“PUCO”) as a Certified Natural Gas Supplier (“CRNGS”), license number 17-1705-GA-CRS. “We”, “our” or “us” refers to DPI. “You” or “your” refers to the customer. Natural Gas Distribution Company (“NGDC”) refers to Duke Energy or Columbia Gas of Ohio as applicable.

These Terms and Conditions, along with your Welcome Letter govern your purchase of natural gas from DPI. Your NGDC may charge switching fees anytime you change your CRNGS. DPI will not charge a switching fee. If you voluntarily return to your NGDC after switching to a CRNGS, you may be charged a supply rate other than the NGDC’s regulated gas Supplier Service rate. Please retain a copy for future reference.

1. Services: DPI will supply your natural gas as delivered by your NGDC. Your NGDC will continue to deliver natural gas, read your meter, mail your bill and respond to all emergencies related to your natural gas supply. The contact information for your NGDC can be found below.
2. Term: This Agreement becomes effective upon expiration of the Rescission Period described in Section 4 below and shall continue, subject to the provisions of this Agreement, for the term indicated in your Welcome Letter referred to as the “Initial Term.”
3. Price and Plan Descriptions: The price you pay DPI for your natural gas supply is stated in your Welcome Letter.
   Fixed Rate Plan: A plan that guarantees the cost per centum cubic feet (“Ccf”) of your natural gas supply will not change for the duration of the contract. Early termination fees (“ETF’s”) may apply. Your fixed rate plan may be higher or lower than the NGDC’s rate in any given month and no savings are guaranteed. See your Welcome Letter for your specific plan description.
   Variable Rate Plan: A plan where the cost per Ccf of your natural gas supply may vary from month to month, without any limit on how low or how high the price may vary. Some factors that determine the cost per Ccf may include, but are not limited to supply costs, administrative costs, losses, balancing fees, marketing costs, profits, applicable taxes, storage charges and other business and market considerations. No ETF’s will apply to any variable rate plan. Your variable rate plan may be higher or lower than the NGDC’s in any given month and no savings are guaranteed. See your Welcome Letter for your specific plan description.
4. Right of Rescission: You may rescind your acceptance of this Agreement without penalty by contacting your NGDC, orally or in writing, within seven (7) business days of the postmark date on the confirmation notice sent by your NGDC acknowledging your switch to DPI. The contact information for your NGDC can be found below.
5. Billing and Payment: You will continue to receive one bill from your NGDC that will contain DPI’s charges for natural gas supply and the NGDC’s charges for delivery and transportation of natural gas. Failure to pay your natural gas bill or failure to meet any agreed-upon payment arrangement may result in your service being terminated in accordance with your NGDC’s tariffs and your Agreement with DPI, leading to possible termination penalties such as late fees and interest charges. You have the right to request up to twenty-four (24) months of your payment history for services rendered, free of charge.
6. Renewal: At the conclusion of the Initial Term, this agreement will automatically renew on a month-to-month basis at a Variable Rate until cancelled by either party. The price you pay may be higher or lower each monthly billing cycle and will be set at DPI’s sole discretion. DPI may renew this contract without your affirmative consent even when there is a change in rate.
7. Material Changes: If DPI materially changes its existing Terms and Conditions, you must consent to the material changes. Proof of consent may be evidenced by written, verbal (recorded) or electronic authorization. DPI will provide details of the material changes in the form of a revised Agreement. Month-to-month variable price changes are not defined as “material” and do not require customer consent. Failure to consent to these changes may result in a return to your NGDC.
8. Termination: After the seven (7) day rescission period ends but before the end of the Initial Term, Early Termination Fees (“ETF’s”) may apply. Please see your Welcome Letter for ETF amounts. Variable Rate Plans are not subject to ETF’s. The timing of your termination is controlled by your NGDC. You are not subject to an ETF for termination if your requested service location is not served by the incumbent NGDC or if you move outside your NGDC’s service area. You may be subject to an ETF if you terminate your Agreement with DPI for failure to pay your bill or your failure to meet any agreed upon payment arrangement with your NGDC.
9. Credit and Deposit: Prior to the acceptance of this Agreement, DPI may conduct a credit check to determine your initial creditworthiness. You consent to this credit check and agree that if you do not satisfy our credit standards, DPI may request reasonable credit assurance in the form of a deposit, the amount of which is based upon sixty (60) days of estimated charges. No interest will be paid on this deposit and the deposit amount may be allocated to any amount due at the time of your final bill, the remainder (if any) will be returned to you.
10. Customer Information Disclosure: By entering this Agreement with DPI, you authorize your NGDC to provide DPI with any customer information necessary to become your natural gas supplier. DPI will not release your account or social security numbers without your affirmative written consent except for DPI’s own collection or credit reporting, or where such release is required by court order, by PUCO order or rule, or for permitted assignments.
11. Assignment: This Agreement may be assigned at DPI’s sole discretion with thirty (30) days written notice in accordance with PUCO rules and procedures. You may not assign this Agreement to another party. After assignment, DPI shall have no further obligations under this Agreement.
12. Warranty: DPI MAKES NO REPRESENTATIONS OR WARRANTIES OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT. DPI EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
13. Limitation of Liability: THE REMEDY IN ANY CLAIM OR SUIT BY YOU AGAINST DPI SHALL BE LIMITED TO THE LESSER OF THE DIRECT ACTUAL EXPENSES OR THE AMOUNT PAID TO DPI UNDER THIS AGREEMENT FOR A SIX (6) MONTH PERIOD PRIOR TO THE OCCURRENCE THAT GIVES RISE TO SUCH CLAIM. IN NO EVENT SHALL DPI BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES. THESE LIMITATIONS APPLY WITHOUT REGARD TO THE CAUSE OF ANY LIABILITY OR DAMAGES.
14. Force Majeure: DPI will make commercially reasonable efforts to provide natural gas supply pursuant to this Agreement but does not guarantee the continuous supply of natural gas. Certain events out of DPI’s control (“Force Majeure events”) may result in interruptions in service which DPI shall not be liable for, including, but not limited to, acts of God, war, sabotage, acts of terrorism, natural disasters, acts of governmental authorities, strikes and labor disputes, required maintenance work, inability to access the local utility system, non-performance by your NGDC, changes in laws, rules or regulations of any governmental authority, including, but not limited to, PUCO or any cause beyond DPI’s control.
15. Dispute Procedures: Contact DPI toll free at (877) 259-7693 Monday through Friday from 8:30 am to 5:00 pm, except Holidays, with any questions concerning our service or any complaints. You may also reach us by mail at 6 Armstrong Rd., Shelton, CT 06484 or electronically at customerservice@discountpowerinc.com. If your complaint is not resolved after contacting DPI, or for general utility information, residential and small business customers may contact the Public Utilities Commission of OH (“PUCO”) for assistance toll free at 1-800-686-7826, from 8am to 5pm weekdays or at www.puco.ohio.gov. Hearing or speech impaired customers may contact the PUCO via 7-1-1 (Ohio Relay Service). The Ohio Consumers’ Counsel (“OCC”) represents residential customers in matters before the PUCO. The OCC can be contacted toll free at 1-877-742-5622 from 8am to 5pm weekdays or at www.pickocc.org.
16. Waiver: No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. Failure of either party to exercise any right hereunder shall not constitute a waiver hereunder and shall not impair the exercise of such rights at any later time.
17. 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.
18. UCC: Except as otherwise provided for in this Agreement, the provisions of the Uniform Commercial Code (“UCC”) of Ohio shall govern this Agreement and gas shall be deemed a “good” for purposes of the UCC.