Terms of Service
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 or reenrollment 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 Emera, 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 Emera at 1-800-440-1111.
A. PRICING STRUCTURE: DR shall provide electricity at a 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 Commercial Rate - This rate is $0.0755 per kilowatt hour. This rate is subject to change when the Standard Offer rate for the Customer’s rate class in the Customer’s utility area changes. This rate is only available for accounts classified by their utility as Residential or Small Commercial. Separate Terms of Service are required for accounts not classified by their utility as Residential or Small Commercial.
2. Emera Residential and Small Commercial Rate - This rate is $0.0755 per kilowatt hour. This rate is subject to change when the Standard Offer rate for the Customer’s rate class in the Customer’s utility area changes. This rate is only available for accounts classified by their utility as Residential or Small Commercial. Separate Terms of Service are required for accounts not classified by their utility as Residential or Small Commercial.
3. Electric Thermal Storage Rate - This rate for Electric Thermal Storage Equipment is $0.0745 per kilowatt hour. This rate is only available for customers with ETS equipment. This rate is subject to change when the Standard Offer rate for the Customer’s rate class in the Customer’s utility area changes. This rate is only available for accounts classified by their utility as off peak Residential or Small Commercial. Separate Terms of Service are required for accounts not classified by their utility as off peak Residential or Small Commercial.
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 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 until the December meter reading date of your enrollment year and this Agreement will renew automatically for annual periods ending in December of subsequent years 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. DR may terminate this agreement immediately, if Customer’s rate class is not Residential, or Small Commercial, or ETS. 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 and DR’s late payment policies and procedures, including assessment by the Utility and DR 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. If a Residential or Small Commercial Customer terminates this agreement prior to its renewal date, a termination fee of $50 shall be charged. If an ETS Customer terminates this agreement prior to its 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 and DR. 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 email@example.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: Standard Offer Service is the electricity supply provided to all consumers who do not have a choice, or do not choose a competitive electricity provider. The supplier of standard offer service is a competitive electricity provider licensed by the Maine Public Utilities Commission and is chosen through a competitive bidding process. If your service with DR ends for any reason and you do not choose another licensed CEP then you will automatically be switched to Standard Offer Service on your next meter read date.
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.