Terms of Service Agreement
AGREEMENT TO
SELL AND PURCHASE ENERGY: This is an
agreement between DR Power, LLC (“DR”) and the undersigned customer
(“Customer”) under which the Customer shall initiate electricity service and
begin enrollment with DR. Subject to the
terms and conditions of this Agreement, DR agrees to sell and the Customer
agrees to purchase the quantity of electricity delivered as measured or
estimated by the local Utility (Central Maine Power or Bangor Hydro, the
“Utility”).
DR will supply the electricity to the Customer’s home or
business at the account(s) provided by the Customer. DR is a Competitive Energy Provider and is
not affiliated with the Customer’s Utility.
The Customer’s Utility will continue to deliver electricity to the
Customer’s home or business, read the Customer’s meter, bill the Customer, and
make any required repairs. The Utility
will also respond to emergencies and will remain the Customer’s point of
contact in the case of power outages.
EMERGENCY: In the event of an
emergency such as a power outage, the Customer should call its local Utility: CMP at
1-800-696-1000 or Bangor Hydro at 1-800-440-1111.
A. PRICING STRUCTURE: DR
shall provide electricity at a fixed rate in cents per kilowatt hour for the
quantity of electricity delivered as measured or estimated by the Customer’s
local Utility.
DR offers the following fixed rate power structures:
1. CMP Residential and Small Business Fixed
Rate - This rate is $0.0676 per kilowatt hour.
2. Bangor Hydro Residential and Small Business
Fixed Rate - This rate is $0.0662 per kilowatt hour.
3. Electric Thermal Storage Rate - This rate
for Electric Thermal Storage Equipment is $0.0662 per kilowatt hour. This rate is only available for customers
with ETS equipment.
These prices do not include any applicable taxes. In addition, Customer shall pay its local Utility
distribution and transmission charges as well as any other applicable charges.
State regulations require that electricity suppliers provide
the following disclosure to customers regarding electricity products in which
the prices paid by consumers vary with changes in wholesale electricity prices,
other energy prices, or an energy price index. Volatility Risk: Electricity
prices may be subject to substantial volatility based on economic conditions,
fuel prices, seasonal electricity demands, generator outages, weather and other
factors. Future Performance: Past
results regarding particular electricity products are not necessarily an
indication of future results.
B. CONTRACT TERM: Service
and the one year contract term under this Agreement shall begin at the date of
the Customer’s next meter read date after the Utility processes your enrollment
with DR Power. Service commencement lead-time may vary depending on utility
enrollment requirements, and your specific meter-reading schedule. The term of this Agreement is annual and this
Agreement will renew automatically on an annual basis until terminated by DR or
Customer by providing 30 days written notice.
Termination shall be effective on the next utility meter read date for
your account that is at least thirty (30) days after the notice of termination.
DR may terminate this agreement upon thirty days written notice to the
Customer. Until termination occurs, the
Customer obligations under this Agreement remain in full force and effect.
C. BILLING:
The Customer shall receive a monthly
bill from its Utility for the electricity supply by DR and the distribution and
transmission charges provided by its Utility.
Bills are due and payable when your Utility bill is due and
payable. Balances not paid in full by
the due date are subject to the Utility’s late payment policies and procedures,
including assessment by the Utility of late payment fees and interest. DR reserves the right to cancel this energy
agreement upon thirty (30) days notice, and move Customer back to the Utility’s
Standard Offer rate plan.
D. CREDIT: DR may contact a credit reporting agency to
check Customer credit history. DR
reserves the right to report payments 30 days in the arrears to a credit
reporting agency.
E. DEPOSITS: DR does not require electricity security
deposits from any of its residential customers.
F. WARRANTY, DAMAGES, and FORCE MAJEURE: DR will make
commercially reasonable efforts to provide electricity hereunder, but DR does
not guarantee a continuous supply of electricity to Customer. Certain causes and events out of the control
of DR may result in interruptions in service.
DR shall not be liable for any damages or claims for matters within the
control of the Utility or the ISO-New England electricity grid, which includes
maintenance of electric lines an systems, service interruptions, loss,
deterioration, or termination of service, meter readings or injury to persons
or damage to property caused by the delivery or supply of electricity.
DR will not be liable for any such interruptions caused by a
Force Majeure Event, and DR 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, wind, weather, terrorism,
war, civil disturbance, acts of any widespread material shortages, inability to
access the local distribution utility system, non-performance by the Utility
(including, but not limited to, a facility outage on its electricity
distribution lines), changes in laws, rules or regulations of any governmental
authority or any other cause beyond DR’s control.
LIABILITY: The remedy in any claim or suit by Customer against DR will
be solely limited to direct actual damages.
By entering into this Agreement, Customer waives any right to any other
remedy at law or in equity. In no event
will either DR 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 their
Agreement.
G. CHARGES, TERMINATION FEES, and PENALTIES: DR
shall charge Customer for electricity delivered to Customer as measured or
estimated by the Utility. No additional
fees shall be charged to Customer by DR, unless Customer chooses to terminate
this contract agreement prior to its 1 year renewal date. If a
Residential Fixed or Small Business Fixed Customer terminates this agreement
prior to its 1 year renewal date, a termination fee of $50 shall be charged. If an ETS Customer terminates this agreement
prior to its 1 year renewal date, a termination fee of $75 shall be charged. Customer is responsible for settlement of
any balances, late payment, interest charges, or penalties owed to its Utility. In the event of a change of law or regulation
by Maine PUC or ISO-New England, including changes in Utility tariffs, and such
changes result in DR incurring additional costs and expenses in providing your
electricity service, these additional costs and expenses shall be Customer’s
responsibility and they will be assessed in Customer’s monthly bill. DR shall notify Customer of any material
changes in their Terms of Service as provided in Section L below.
H. ESTIMATED BILLS: In the event the
Utility is unable to read your electric meter, the Utility will estimate your
usage and your charges will be calculated accordingly and adjusted on a future
bill. DR reserves the right to use
third-party billing services in the performance of these Terms and Conditions.
I. RESCISSION: YOU, THE CUSTOMER, MAY CANCEL THIS AGREEMENT
AT ANY TIME PRIOR TO MIDNIGHT OF THE FIFTH (5TH) BUSINESS DAY AFTER
THE DATE OF ENROLLMENT. To rescind this
Agreement, please call 1-888-207-1600, or email us at customerservice@deadriver.com
or mail us at CRC, 73 Pleasant Hill Rd., Scarborough, ME 04074.
J. CUSTOMER QUESTIONS OR COMPLAINTS: Customers
will be able to contact DR by telephone, mail, or email. Please contact us at the number or via the
means listed directly above. DR will
attempt to resolve any issue and welcomes feedback from our Customers.
K. STANDARD OFFER GENERATION SERVICE: All retail
electricity customers in Maine are entitled to purchase their electricity
supply from a competitive supplier or through standard offer service. Standard
offer service is provided automatically to customers who do not sign a contract
with a supplier for their electricity supply.
L. CHANGES IN TERMS OF SERVICE: DR shall notify
Customer of any material changes in these Terms of Service in writing via the Customer
email address on record between 30 and 60 calendar days in advance of such
material change. Customers without
access to email shall be mailed any material changes in these Terms of Service.
M. ASSIGNMENT: DR reserves the right to assign the Supply
Service and this Agreement to another Competitive Electricity Provider at the
discretion of DR at any time without notice.
N. DO-NOT-CALL-LIST: State
regulations require that electricity suppliers inform their Customers that the Federal
Trade Commission maintains a national Do Not Call List. You may be able to
place your home or cell phone number on this list to stop unwanted
telemarketing calls from businesses with which you not have an established
business relationship. You can register online at www.donotcall.gov, or by
telephone at 1-888-382-1222. For TTY, call 1-866-290-4236.
O. CONSUMER PROTECTION RIGHTS: Customers
may contact the Maine Public Utilities Commission to obtain information on
consumer protection rights by calling the Commission’s Consumer Assistance
Division Hotline at 1-800-452-4699, Monday through Friday, 8:30 a.m. to 4:30
p.m. or by writing to the Commission at:
Maine Public Utilities Commission, Consumer
Assistance Division, 18 State House
Station, Augusta, ME 04333-0018.
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