New York State Public Service Commission

Your Rights as an Energy Services Company Consumer
ESCO Consumers Bill of Rights

Customers can purchase energy from an Energy Services Company (ESCO) or from a traditional utility. If you choose to purchase energy from an ESCO you are entitled to:

  • A clear description of the services offered by the ESCO.
  • Receive energy delivery and 24 hour emergency services from your utility company.
  • Clear procedures for switching energy suppliers, including information about the enrollment process.
  • Disclosure, in simple and clear language, of the terms and conditions of the agreement between you and the ESCO including:
    • price and all variable charges or fees;
    • length of the agreement;
    • terms for renewal of the agreement;
    • cancellation process and any early termination fees, which are limited by law; and
    • conditions, if any, under which the ESCO guarantees cost savings.
  • Rescind an agreement with an ESCO within three days of receiving the agreement, if you are a residential customer.
  • A description of how pre-payment agreements work, if offered.
  • Notice from the ESCO, no less than thirty days prior to the contract renewal date, of the renewal terms and the options you have as a customer.
  • A fair and timely complaint resolution process.
  • Provision of any written documents (contracts, marketing materials, and this ESCO Consumers Bill of Rights) in the same language used to enroll you as a customer.

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648 Bay Street Ste 200 Staten Island, NY 10304
Toll Free 1-866-234-8184
www.pureenergyus.com


Customer Disclosure Label and Terms and Conditions
Price Variable or Index
HOW PRICE IS DETERMINED Electric Variable Price shall each month reflect the cost of electricity obtained from all sources (including energy, capacity, settlement, ancillaries), related transmission and distribution charges and other market-related factors, plus all applicable taxes, fees, charges or other assessments and (ESCO)’s costs, expenses and margins Index price is described in Section 3 of this Agreement
Agreement Term The Initial Term of this Agreement will be for 1 month(s) beginning on the first available date that your Account is successfully enrolled with your LDC. For more details See Section 2-Term.
AMOUNT OF EARLY TERMINATION FEE (“ETF”) AND METHOD OF CALCULATION No early termination fee for variable rate service.
Amount of Late Payment Fee and method of calculation 1.5% per month on overdue balances
PROVISIONS FOR RENEWAL OF THE AGREEMENT After Initial Term, unless otherwise agreed to, renews on a month to month basis at a variable rate methodology until terminated by either party. For more details see Section 2 - Term
Guaranteed Savings None
Renewable Product All products will be derived from at least 100% renewable resources
Process customer may use to rescind the agreement without penalty. A residential customer may rescind agreement by calling 1-866-234-8184 within 3 business days of receipt of the sales agreement.

Pure Energy USA, LLC
648 Bay Street
Staten Island, NY 10304
(866) 234-8184
Residential & Small Business Sales Agreement
Terms of Service and Customer Disclosure Statement

Agreement to Sell and Purchase Energy. This is an agreement between Pure Energy LLC (“Pure Energy”), an independent energy services company, and the undersigned customer (“Customer”) under which Customer shall initiate natural gas and/or electricity service and begin enrollment with Pure Energy (the “Agreement”). Subject to the terms and conditions of this Agreement, Pure Energy agrees to sell and deliver, and Customer agrees to purchase and accept the quantity of natural gas and/or electricity, as estimated by Pure Energy, necessary to meet Customer’s requirements based upon consumption data obtained by Pure Energy or the delivery schedule of the Local Distribution Utility (the “LDC”). Pure Energy is not affiliated with and does not represent the LDC. The amount of natural gas and/or electricity supplied under this Agreement is subject to change based upon data reflecting Customer’s consumption obtained by Pure Energy or the LDC’s delivery schedule. The LDC will continue to deliver the natural gas and/or electricity supplied by Pure Energy.

Term. The term is as set forth on the Customer Disclosure Statement. The Term shall commence as of the date of the first meter reading following when the change of Customer’s provider to Pure Energy is deemed effective by the LDC, and shall continue for the period designated in the Customer Disclosure Statement. The Term for the initial period is referred to as the “Initial Term”. Unless otherwise agreed to, upon completion of the Initial Term, this agreement will renew on a month-to-month basis with a monthly variable rate methodology with no change to the remaining terms. (the “Renewal Term”). Either party may cancel or terminate this Agreement by providing 30 days’ advance written notice of termination to the other party. At least 30 days and no more than 60 days prior to the renewal date, Pure Energy will notify Customer in writing of the terms of renewal of this agreement and of the Customer’s right to renew, reject or renegotiate this Agreement. Customer shall have 3 business days from receipt of the first billing statement of the Renewal Term to reject renewal terms and cancel the renewal agreement. While receiving service on a month-to-month basis, such notification will be provided only for the first renewal occurring at the end of the Initial term.

Pricing, Billing, and Termination. Unless otherwise agreed to in writing, the Price for services provided in this Agreement is set forth on the Customer Disclosure Statement. For all variable rate products, there is no Early Termination Fee (“ETF”). If there is a material adverse change in the business or financial condition of Customer (as determined by Pure Energy at its discretion) or if Customer fails to meet its obligations under this Agreement or pay or post any required security deposit, then, in addition to any other remedies that it may have, Pure Energy may terminate this Agreement upon 15 days’ written notice to Customer. Customer may receive a single bill for both commodity and delivery costs from either Pure Energy or the LDC, or each of the LDC and Pure Energy may invoice Customer separately. Customer payments remitted in response to a consolidated bill shall be pro-rated (when so required) in accordance with procedures adopted by the New York State Department of Public Service (the “DPS”). Pure Energy may assign and sell Customer accounts receivable to the LDC. In the event of failure to remit payment when due by a residential customer, Pure Energy may terminate commodity service and seek suspension of distribution service in conformance with the Home Energy Fair Practices Act (“HEFPA”). Failure by a commercial customer to make full payment of Pure Energy charges due on any consolidated bill prepared by the LDC for Pure Energy will be grounds for disconnection of utility services in accordance with NYPSC rules and regulations on the termination of service to non-residential customers, 16 NYCRR Section 13.3. Customer shall be liable for all costs of collection including the late payment interest rate set forth in this Agreement, reasonable attorneys’ fees and reasonable collection agency fees. A $30 fee will be charged for all returned payments.

Assignment. Customer may not assign its interest in and delegate its obligations under this Agreement without the express written consent of Pure Energy. Pure Energy may sell, transfer, pledge, or assign the accounts, revenues, or proceeds hereof, in connection with any financing agreement or receivables purchase program, and may assign this Agreement to another energy supplier, energy services company or other entity as authorized by the DPS with 30 days’ written notice to Customer.

Information Release Authorization. Customer authorizes Pure Energy to obtain and review information regarding Customer’s credit history from credit reporting agencies and the following information for the LDC: consumption history; billing determinants; account number; credit information; public assistance status; existence of medical emergencies, status as to whether Customer has a medical emergency, is human needs, elderly, blind or disabled and data applicable to cold weather periods under PSL § 32 (3); and information pertaining to PSL § 33, tax status and eligibility for economic development or other incentives. This information may be used by Pure Energy to determine whether it will commence and/or continue to provide energy supply service to Customer and will not be disclosed to a third party unless required by law. Customer’s execution of this Agreement shall constitute authorization for the release of this information to Pure Energy. This authorization will remain in effect during the initial Term and any Renewal Term. Customer may rescind this authorization at any time by providing written notice thereof to Pure Energy or by calling Pure Energy at 1.866.234-8184. Pure Energy reserves the right to cancel this Agreement in the event Customer rescinds the authorization.

Consumer Protections. The services provided by Pure Energy to Customer are governed by the terms and conditions of this Agreement and HEFPA for residential customers. Pure Energy will provide at least 15 days’ notice prior to the cancellation of service to Customer, in the event of non-payment of any charges owed to Pure Energy, a residential Customer may be subject to termination of commodity service and the suspension of distribution service under procedures approved by the DPS. Customer may obtain additional information by contacting Pure Energy at 1.866.234-8184 or the DPS at 1-866.265.9545, or by writing to the DPS at: New York State Department of Public Service, Office of Consumer Services, Three Empire State Plaza, Albany, NY 12223, or through its website at: http://www.dps.ny.gov. You may also contact the Department for inquiries regarding the competitive retail energy market at 1.888.697.7728.

Rescission. A residential Customer may rescind this Agreement within 3 business days after the signing or receipt of this Agreement, whichever comes first, by contacting Pure Energy at 1.866.234-8184 or in writing. Customer is liable for all Pure Energy charges until Customer returns to the LDC or goes to another supplier. A final bill will be rendered within twenty (20) days after the final scheduled meter reading, or if access to the meter is unavailable, an estimate of consumption will be used in the final bill, which will be trued up subsequent to the final meter reading.

Agency-Gas. Customer hereby designates Pure Energy as agent to: (a) arrange and administer contracts and service agreements between Customer and Pure Energy and between the interstate pipeline transporters of Customer natural gas supplies; (b) nominate and schedule with the interstate pipeline the transportation of Customer’s natural gas supplies to the Delivery Point(s), and with the LDC for the transportation of the Customer’s natural gas supplies from the Delivery Point(s) to the Customer’s end-use premises; and (c) aggregate Customer’s natural gas supplies with such supplies of other customers served by Pure Energy to maintain qualification for LDC transportation service and resolve imbalances that may arise during the term of this Agreement. Pure Energy as agent for the Customer will schedule the delivery of adequate supplies of natural gas that meet the Customer’s city gate requirements as established by the LDC and in response to information provided by the LDC. Pure Energy agrees to arrange for the transportation of the natural gas supplied under this Agreement form the Delivery Points to the Customer’s end-use premises. These services are provided on an arm’s length basis and market-based compensation is included in the price noted above.
Agency-Electric: Customer hereby designates Pure Energy as agent to; (a) arrange and administer contracts and service agreements between Customer and Pure Energy and those entities including the New York Independent System Operator (“NYISO”) engaged in the generation, transmission and delivery of Customer electricity supplies; and (b) nominate and schedule with the appropriate entities including the LDC for the delivery of electricity to the Delivery Point and the Customer’s end-use premises. Pure Energy as agent for the Customer will schedule the delivery of adequate supplies of electricity that meet the Customer’s requirements as established by the LDC and in response to information provided by the LDC. The Delivery Points for the electricity will be a point at the NYISO Pure Energy load bus (located outside of the municipality where Customer resides). These services are provided on an arm’s length basis and market-based compensation is included in the price noted above.

Title. Customer and Pure Energy agree that title to, control of, and risk of loss to the natural gas supplied by Pure Energy under this Agreement will transfer from Pure Energy to Customer at the Delivery Point(s).

Force Majeure. Pure Energy will make commercially reasonable efforts to provide natural gas and/or electricity hereunder but Pure Energy does not guarantee a continuous supply of natural gas and/or electricity to Customer. Certain causes and events out of the control of Pure Energy (“Force Majeure Events”) may result in interruptions in service. Pure Energy will not be liable for any such interruptions caused by a Force Majeure Event, and Pure Energy 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, terrorism, war, civil disturbance, acts of any governmental authority, accidents, strikes, labor disputes or problems, required maintenance work, inability to access the local distribution utility system, non-performance by the LDC (including, but not limited to, a facility outage on its gas distribution lines or electric facilities), or any other cause beyond Pure Energy’s control.

Liability. The remedy in any claim or suit by Customer against Pure Energy will be solely limited to direct actual damages (which will not exceed the amount of Customer’s single largest monthly invoice amount in the immediately preceding 12 months). All other remedies at law or in equity are hereby waived. In no event will either Pure Energy 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 this Agreement.

Dispute Resolution (Residential). The services provided by (ESCO) to Customer are governed by the terms and conditions of this Agreement and HEFPA for residential customers. In the event of a billing dispute or a disagreement involving Pure Energy’s service hereunder, the parties will use their best efforts to resolve the dispute. Customer should contact Pure Energy by telephone or in writing as provided above. The dispute or complaint relating to a residential customer may be submitted by either party at any time to the DPS pursuant to its Complaint Handling Procedures (“Procedures”) or calling the DPS at 1.800.342.3377. Customer must pay the bill in full, except for the specific disputed amount, during the pendency of the dispute, and such payment shall be refunded if warranted by the decision of DPS.
Dispute Resolution (Commercial). In the event of a billing dispute or disagreement involving Pure Energy’s service, Customer should contact Pure Energy’s Customer Service Center as provided above. Customer must pay bill in full, except for the specific disputed amount, during the pendency of the dispute. If the parties cannot resolve the dispute within 60 days, either party may submit the dispute for resolution in a small claims court having appropriate jurisdiction, or, if the dollar amount of the dispute exceeds small claims court jurisdiction, the dispute shall be submitted to final, binding arbitration by a single arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The DPS will not resolve Non-Residential associated with the services provided under this Sales Agreement. However, the DPS will monitor inquiries and contacts from Non-Residential customer regarding energy service companies and an excessive number of confirmed complaints may result in an energy service company no longer being eligible to supply natural gas or electricity in New York State. The DPS Office of Consumer Services can be reached at: New York State Public Service Commission, Office of Consumer Services, Three Empire State Plaza, Albany, New York 12223; or by visiting www.dps.ny.gov.

Choice of Laws. Venue for any lawsuit brought to enforce any term or condition of this Agreement or to construe the terms shall lie exclusively in the State of New York. This Agreement shall be constructed under and shall be governed by the laws of the State of New York without regard to the application of its conflict of law principles.

Taxes and Laws. Except as otherwise provided in the Agreement or provided by law, all taxes of whatsoever kind, nature and description due and payable with respect to service provided under this Agreement, other than taxes based on Pure Energy’s net income, shall be paid by Customer, and Customer agrees to indemnify Pure Energy and hold Pure Energy harmless from and against any and all such taxes.

Regulatory Changes. This Agreement is subject to present and future legislation, orders, rules, regulations or decisions of a duly constituted governmental authority having jurisdiction over this Agreement or the services to be provided hereunder. If at some future date there is a change in any law, rule, regulation, tariff, or regulatory structure (“Regulatory Change”) which impacts any term, condition or provision of this Agreement including, but not limited to price, Pure Energy shall have the right to modify this Agreement to reflect such Regulatory Change by providing 30 days’ written notice of such modification to the Customer.

Emergency Service. The LDC will continue to respond to leaks and emergencies. In the event of a gas leak, service interruption or other emergency, Customer should immediately call the LDC at Con Edison 1-800-75CONED and emergency personnel.

Parties Bound. This Agreement is binding upon the parties hereto and their respective successors and legal assigns.

Signatory Affirmation. Signor affirms that he or she is authorized to make decisions regarding the account and voluntarily authorizes Supplier to make the enrollment. Customer agrees to accept all notifications by email to the email address provided at time of enrollment, or subsequently provided to Pure Energy.

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1. Agreement to Sell and Purchase Energy. This is an agreement between Pure Energy USA NJ, LLC (“Pure”), and the undersigned Customer (“Agreement”). The purpose of this document is to authorize a change in the Customer’s Third-Party Supplier (“TPS”) Subject to the terms and conditions of this Agreement, Pure agrees to sell and deliver, and Customer agrees to purchase and accept the quantity of natural gas and/or electricity, as estimated by Pure, necessary to meet Customer’s requirements based upon consumption data obtained by Pure or the delivery schedule of the Local Distribution Utility (“LDC”). Pure is not affiliated with and does not represent the LDC. The LDC will continue to deliver the natural gas and/or electricity supplied by Pure. Customer understands that switching to a Third-Party Supplier (“TPS”) is not mandatory, and the customer has the option of remaining with the LDC for basic electric supply.

2. Term, Renewal. For Variable Rate service, this Agreement shall commence as of the later (1) Next Billing Cycle, (2) Customer’s notice regarding the change of Customer’s provider to Pure is deemed effective by the LDC or (3) the date of your eligibility in the Choice Program and shall continue for thirty (30) days thereafter (the “Initial Term”). Unless otherwise agreed to, upon completion of the Initial Term, this Agreement will renew on a month-to-month basis indefinitely with a monthly variable rate methodology with no change to the remaining terms. (the “Renewal Term”). While receiving service on a month-to-month basis, either party may cancel or terminate this Agreement by providing thirty (30) days’ advance written notice of termination to the other party. The Customer may notify Pure of its desire not to renew in writing to Pure, 648 Bay Street, Staten Island, NY 10304.
For Fixed Rate service, this Agreement shall commence as of the date (1) Next Billing Cycle, (2) Customer’s notice regarding the change of Customer’s provider to Pure is deemed effective by the LDC or (3) the date of your eligibility in the Choice Program and shall continue for the term as designated in the Contract Summary the (the “Initial Term). Unless otherwise agreed to, upon completion of the Initial Term, this Agreement will renew on a month-to-month basis with a monthly variable rate methodology with no change to the remaining terms (the “Renewal Term”). At least thirty (30) days and no more than sixty (60) days prior to the renewal date, Pure will notify Customer in writing of the terms of renewal of this Agreement and of the Customer’s right to renew, reject or renegotiate this Agreement. While receiving service on a month-to-month basis, such notification will be provided only for the first renewal occurring at the end of the Initial term. While receiving service on a month-to-month basis, Customer or Pure may cancel or terminate this Agreement by providing thirty (30) days’ advance written notice of termination to the other party.

3. Pricing, Billing, Termination, Fees. Unless otherwise agreed to in writing, the price for electricity sold under this Agreement is designated on your Contract Summary and is inclusive of New Jersey Sales and Use Tax. Pure reserves the right to request a credit history on an applicant for service prior to offering service and to refuse service to anyone who does not meet Pure’s credit standards. The price assigned during the initial term is subject to the Customer’s account remaining current and in good standing. If the customer becomes delinquent in paying their electric bill, Pure reserves the right to cancel this agreement. PRICE: Prices shall be one of the following, plus all other applicable taxes: Electricity: Variable: Each month shall reflect the cost of electricity obtained from all sources (including energy, capacity, settlement, ancillaries), related transmission and distribution charges and other market-related factors, including such factors as electricity market pricing, Utility charges, and other market price related factors, as determined by Pure’s discretion, plus all applicable taxes, fees, charges or other assessments and Pure’s costs, expenses and margins; Fixed: Price on a per kWh basis. In each case, plus all applicable taxes. Prices include the charge for electricity and estimated charges for the electricity components set forth in the Contract Summary. Specific costs for each electricity component (“Component Cost”) have been estimated by Pure using information and data provided by Customer, the LDC or Independent System Operator (“ISO”). To the extent that any Component Cost is higher based on increased commodity charges, information received from the LDC or ISO, or if such Component cost increases during the term of this Agreement, Pure may charge commercial Customers an allocation for such increased costs (“Price Component Adjustments”) as part of Pure’s commodity charge. Depending on the format, Price Component Adjustments may appear on Customer’s bill as a line item or price adjustment. If a Component Cost increase causes the commodity charge to materially increase for residential Customers, Pure reserves the right to cancel the Agreement with thirty (30) days’ notice. Commercial Customers: If during the time Dual Billing Option is being utilized, any payment for the Pure electricity charge is late under the applicable payment terms, then Pure shall have the right, without prior notice to the customer and at customer’s cost, to convert all billing hereunder to the Consolidated Billing Option. Pure may assign and sell Customer accounts receivable to the LDC. If Customer’s energy usage exceeds the cost of providing services to Customer and Pure is no longer economically able to continue this Agreement, Pure has the right to terminate this Agreement in accordance with applicable regulations. Failure by a commercial customer to make full payment of Pure charges due on any consolidated bill prepared by the LDC for Pure will be grounds for disconnection of Utility services in accordance with the New Jersey Administrative Code rules and the Board of Public Utilities (‘BPU”) regulations on the termination of service to non-residential customers, A thirty- dollar ($30) fee will be charged for all returned payments. If a commercial Customer on a fixed price rate exceeds the level of usage from the same calendar month the previous year (“Base Load”) by ten (10%) or more, the Customer will be charged a variable price for all usage in excess of the Base Load and the fixed price for usage up to the Base Load. If the usage in any month falls ten (10%) or more below the Base Load, the Customer will be charged (i) the agreed upon fixed price for usage and (ii) for the usage shortfall, Pure’s costs for hedging, cash out costs, settlement or balancing costs related to the difference between the base load minus twenty-five ( 10%) and the actual consumption. All calculations will be performed on a per account basis. If (i) Customer is late or otherwise delinquent in the payment of any invoice on two (2) or more occasions in a six (6) month period; or (ii) Pure determines at any time during the term of this Agreement, that Customer’s credit is unsatisfactory; Pure shall have the right to request a security deposit. Any such deposit will be held without interest. The deposit, less any outstanding balance owed by Customer to Pure, will be credited to Customer upon closing Customer’s account with Pure. In lieu of a cash deposit, Pure may, in its sole discretion, accept other forms of security from Customer that Pure finds acceptable. After such security request, Customer shall have five (5) business days to pay security deposit. If the deposit is not paid or otherwise posted, this shall constitute a breach by Customer of this Agreement. BILLING Residential and Commercial Customers: Depending on the Customer’s LDC, and contract, Customer may receive a single bill for both commodity and delivery costs from either Pure or the LDC. Alternatively, the LDC and Pure may invoice Customer separately. If Pure Invoices Customer monthly for electricity supplied under this Agreement, as measured by the LDC, Customer will pay invoice in full within fifteen (15) days of the invoice date or be subject to a past due payment charge. Pure reserves the right to require security deposits from residential and commercial Customers with non- POR Agreements. Commercial Customers: If during the time Dual Billing Option is being utilized, any payment for the Pure electricity charge is late under the applicable payment terms, then Pure shall have the right, without prior notice to the customer and at customer’s cost, to convert all billing hereunder to the Consolidated Billing Option. Pure may assign and sell Customer accounts receivable to the LDC. If Customer’s energy usage exceeds the cost of providing services to Customer and Pure is no longer economically able to continue this Agreement, Pure has the right to terminate this Agreement in accordance with applicable regulations. Failure by a commercial customer to make full payment of Pure charges due on any consolidated bill prepared by the LDC for Pure will be grounds for disconnection of Utility services in accordance with the New Jersey Administrative Code rules and the Board of Public Utilities (‘BPU”) regulations on the termination of service to non- residential customers, A thirty- dollar ($30) fee will be charged for all returned payments. TERMINATION Residential and Commercial Customers: Pure may terminate this Agreement with thirty (30) days written notice if Customer breaches the terms of this Agreement or if there is a material adverse change in the business or financial condition of Customer (as determined by Pure at its discretion). A Customer breach shall include, but not be limited to: (i) fails to make timely payment of all amounts due to Pure; (ii) fails to post a security deposit under the provisions of the this Agreement herein within five (5) days of request for deposit; (iii) breaches any warranty or representation to Pure; (iv) defaults on any material obligation under this Agreement; (v)(A) makes an assignment for the benefit of creditors, (B) files a petition or otherwise authorizes the commencement of a proceeding under the Bankruptcy Code or similar law for protection of creditors, or has such petition filed against it, (C) otherwise becomes bankrupt or insolvent, or (D) is unable to pay its debts as they fall due; or (vi) enters into a merger with, or sells substantially all of its assets to, another entity that fails to assume Customer’s obligations under this Agreement. In the event service is terminated due to a Customer breach, Customer shall pay the Early Termination Fee or, if applicable, damages incurred by Pure as provided in this Agreement. Pure will notify Customer of its intent to terminate service at least thirty (30) days prior to the effective date of termination and, unless another competitive electricity supplier is chosen by Customer, Customer’s electricity will be provided by the LDC. FEES Residential and Commercial Customers: If Customer terminates this Agreement prior to the end of the Initial or Renewal Term or if Pure terminates this Agreement due to Customer’s breach, the Customer shall pay Pure, in addition to any other applicable charges, an Early Termination Fee. Late Payment Fees are equal to one and a half percent (1.5%) per month. Residential Customers: Early termination fees- for residential Customers on variable price contracts there is no early termination fee. For Customers on a fixed price agreement with twelve (12) months or less, an early termination fee of $99.00 will apply. For residential Customers with more than twelve (12) months remaining on their fixed price agreement an early termination fee of $199.00 will apply. Commercial Customers: Upon early termination or breach commercial Customers will pay an equivalent to the multiplication of the (i) difference between the fixed price set forth in this Agreement and the calculation by Pure of the fixed price at the date of termination; and (ii) the estimated volumes for the remainder of the Initial or Renewal Term, as applicable using the actual volumes received by Customer for the prior twelve (12) month period as the volumes used in determining damages.

4. Assignment. Customer may not assign its interests in and delegate its obligations under this Agreement without the express written consent of Pure. Pure may sell, transfer, pledge, or assign the accounts, revenues, or proceeds hereof, in connection with any financing agreement or receivables purchase program and may assign this Agreement to another TPS or other entity as authorized by the BPU.

5. Information Release Authorization. Customer authorizes Pure to obtain and review the following information from the LDC: consumption history; billing determinants; account number; credit information; public assistance status; existence of medical emergencies. At Pure’s request, Customer will provide an authorization which grants Pure the authority to obtain Customer’s current and historic natural gas and electricity cost and usage data from the LDC, and other information specified in the authorization. Unless rescinded, this authorization shall be valid during the term or this Agreement. This information may be used by Pure to determine whether it will commence and/or continue to provide energy supply service to Customer and will not be disclosed to a third party unless required by law. If Pure determines, prior to offering service or at any time during the term of this Agreement, that Customer’s credit is unsatisfactory, Pure has the right to require Customer to make alternate payment or credit arrangements to ensure prompt payment of amounts owed or otherwise payable under this Agreement including, without limitation, the posting of an initial or subsequent security deposit or an increase in the amount of any deposit. Customer’s execution of this Agreement shall constitute authorization for the release of this information to Pure. This authorization will remain in effect during the Initial Term and any Renewal Term. Customer may rescind this authorization at any time by providing written notice thereof to Pure or by calling Pure at 1-866-234-8184. Pure reserves the right to cancel this Agreement in the event Customer rescinds the authorization.

6. Consumer Protections. The services provided by Pure to Customer are governed by the terms and conditions of this Agreement, the procedures approved by the New Jersey Board of Public Utilities (“BPU”), and other applicable law. Pure will provide at least thirty (30) days’ notice prior to the cancellation of service to Customer. In the event of non- payment of any charges owed to Pure, a residential Customer may be subject to termination of commodity service and the suspension of distribution service under procedures approved by the BPU. There is no charge for starting or stopping electric generation service, if done within the terms of this agreement. Nothing contained in this Agreement shall constitute a waiver of any rights you may have under New Jersey or federal consumer protection laws. Customer may obtain additional information by contacting Pure at 1- 8 or the BPU at 800-624-0241, or by writing to the BPU at: New Jersey Board of Public Utilities 44 S. Clinton Ave. Trenton, New Jersey 08625., or at their website: http://www.state.nj.us/bpu/assistance/complaints/

7. Cancellation. A residential Customer may rescind this Agreement within seven (7) calendar days from the date of the confirmation notice by contacting the LDC and rescinding the TPS selection or by contacting Pure at 1-866-234-8184 or in writing at Pure Energy USA NJ, LLC, 648 Bay Street, Staten Island, N.Y. 10304.. The contract for electric and or natural gas supply service shall not be legally binding upon the residential customer until the seven (7) day confirmation period has expired, and the customer has not directly or indirectly rescinded his or her selection. Customer is liable for all Pure charges, after the rescission period, until Customer returns to the LDC or goes to another supplier. Residential customers may terminate the contract, with forty-eight (48) hours’ notice without penalty, as the result of relocation within or outside the LDC’s franchise area, disability that renders the customer of record unable to pay or death. A final bill will be rendered within twenty (20) days after the final scheduled meter reading or if access is unavailable, an estimate of consumption will be used in the final bill, which will be reconciled subsequent to the final meter reading.

8. Agency Electric: Customer hereby designates Pure as agent to: (a) arrange and administer contracts and service agreements between Customer and Pure and those entities including the ISO engaged in the generation, transmission and delivery of Customer electricity supplies; and (b) schedule for the delivery of electricity to the Sales Point and the Customer’s end- use premises. Pure as agent for the Customer will schedule the delivery of adequate supplies of electricity that meet the Customer’s requirements as established by the LDC and in response to information provided by the LDC. The Sales Points for the electricity will be a point at the ISO Pure load bus (located outside of the municipality where Customer resides). These services are provided on an arm’s length basis and market-based compensation is included in the price noted above.

09. Addition or Deletion of account(s): At any time during the term of this Agreement, upon advance written notice to Pure, Customer may request to add accounts to be served pursuant to this Agreement at the Contract Price, or to delete accounts from service for no early termination fee, up to the point at which the contracted volumes remain constant and unchanged in aggregate. Account addition(s) that cause the add/delete band to be exceeded may be, at Pure's sole discretion, added at the Contract Price. If Pure does not offer to add such account addition(s) at the Contract Price, Customer and Pure may agree to a price for the additional volumes. Account deletion(s) in excess of the add/delete band may be, at Pure's sole discretion, deleted for no early termination charge for such deletion(s). If Pure does not offer to delete such account(s) for no early termination charge, Customer shall pay Pure for the liquidation value (Contract Price less current market price) of the associated quantity liquidated within fifteen (15) days of notice from Pure of such amount due. The timing of completion for any addition or deletion shall be determined by the enrollment/drop rules in effect for the applicable market.

10. Title. Customer and Pure agree that title to, control of, and risk of loss to the natural gas and electricity supplied by Pure under this Agreement will transfer from Pure to Customer at the Delivery Point(s). Where applicable, Customer shall indemnify and defend Pure from all claims for any loss, damage, or injury to persons or property, including without limitation all consequential, incidentals, exemplary, or punitive damages arising from or relating to the distribution or consumption of electricity at and after the point at which the LDC delivers the electricity to Customer’s facilities to which the Account(s) pertain.

11. Warranty. This Agreement, including any enrollment form and applicable attachments, as written makes up the entire Agreement between Customer and Pure. Pure makes no representations or warranties other than those expressly set forth in this Agreement, and Pure expressly disclaims all other warranties, express or implied, including merchantability and fitness for a particular use.

13. Force Majeure. Pure will make commercially reasonable efforts to provide natural gas and/or electricity hereunder but Pure does not guarantee a continuous supply of natural gas and/or electricity to Customer. Certain causes and events out of the control of Pure (“Force Majeure Events”) may result in interruptions in service. Pure will not be liable for any such interruptions caused by a Force Majeure Event, and Pure shall not be liable for damages caused by Force Majeure Events. Force Majeure Events shall include extreme weather events, acts of God, fire, flood, storm, terrorism, war, civil disturbance, acts of any governmental authority, accidents, strikes, labor disputes or problems, required maintenance work, inability to access the local distribution utility system, non-performance by the LDC (including, but not limited to, a facility outage on its gas distribution lines or electric facilities), changes in laws, rules, or regulations of any governmental authority or any other cause beyond Pure’s control.

14. Liability. In no event will either Pure 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 this Agreement.

15. Pure Contact Information. Customer may contact Pure’s Customer Service Center at 1-866-234-8184, Monday through Friday 9:00 a.m. - 5:00 p.m. EST (hours subject to change). Customer may write to Pure at: Pure Energy USA NJ, LLC, 648 Bay Street, Staten Island, N.Y.

16. Dispute Resolution. Residential Customers: In the event of a billing dispute involving Pure’s service hereunder, the parties will use their best efforts to resolve the dispute. Customer should contact Pure by telephone or in writing as provided above. The dispute or complaint relating to a residential customer may be submitted by either party at any time to the BPU pursuant to its Complaint Handling Procedures (“Procedures”) or calling the BPU at 1-800-624-0241.Customer must pay the bill in full, except for the disputed amount, during the pendency of the dispute; such payment shall be refunded if warranted by the decision of BPU. Commercial Customers: In the event of a billing dispute involving Pure’s service, Customer should contact Pure’s Customer Service Center as provided above. Customer must pay the undisputed amount of its bill in full during the pendency of the dispute. If the parties cannot resolve the dispute within forty-five (45) days, either party may avail itself of all remedies available under law or equity. The BPU will monitor inquiries and contacts from Non-Residential customers regarding TPS and an excessive number of confirmed complaints may result in Pure no longer being eligible to supply natural gas or electricity in New Jersey. The BPU can be reached at the information provided above.

17. Choice of Laws. Venue for any lawsuit brought to enforce any term or condition of this Agreement shall be New Jersey This Agreement shall be construed under, and shall be governed by, the laws of the state of New Jersey.

18. Taxes. Except as otherwise provided in the Agreement or provided by law, all taxes of whatsoever kind, nature and description due and payable with respect to service provided under this Agreement, other than taxes based on Pure’s net income, shall be paid by Customer and Customer agrees to indemnify Pure and hold Pure harmless from and against any and all such taxes.

19. Regulatory Changes. This Agreement is subject to present and future legislation, orders, rules, regulations or decisions of a duly constituted governmental authority having jurisdiction over this Agreement or the services to be provided hereunder. If at some future date there is a change in any law, rule, regulation, tariff, or regulatory structure (“Regulatory Change”) which requires the change of any material term, condition or provision of this Agreement, Pure shall have the right to modify this Agreement to reflect such Regulatory Change by providing thirty (30) days’ written notice of such modification to the Customer.

20. Emergency Service. The LDC will continue to respond to leaks and emergencies. In the event of a gas leak, service interruption or other emergency, Customer should immediately call the LDC at Atlantic City Electric at 1-800-833-7476; Public Service Electric and Gas 1-800-436-7734; Jersey Central Power& Light 1-888-544-4877; New Jersey Natural 1-800-427-5325 Customer should then call Pure at: 1- 866-234-8184.

21. Forward Contract: Each Party acknowledges that: (a) this Agreement is a forward contract and a master netting agreement as defined in the United States Bankruptcy Code (“Code”); (b) this Agreement shall not be construed as creating an association, trust, partnership, or joint venture in any way between the Parties, nor as creating any relationship between the Parties other than that of independent contractors for the sale and purchase of Commodities; (c) Seller is not a “Utility” as defined in the Code; (d) Commodity supply will be provided by Seller under this Agreement, but delivery will be provided by the Utility; and (e) the Utility, and not Seller, is responsible for responding to service problems or emergencies should they occur.

22. Parties Bound. This Agreement is binding upon the parties hereto and their respective successors and legal assigns. Customer and Pure have caused this Agreement to be executed as of the date noted above on the first page of this Agreement, by individuals authorized to bind each party, and Customer has reviewed all of the terms herein.

23. Loyalty Program. Unless Customer indicates otherwise, Residential Customer will be automatically enrolled in Pure’s Customer Loyalty Point Program (“Program”). Customer may opt-out of participation of the Program at any time by contacting Pure at 1.866.234.8184. More information about the Program is available at www.pureenergyus.com.

24. Renewable Energy Product. The Company will ensure that the agreed upon percentage of Customer's electricity supply comes from regional renewable energy resources such as biomass, biogas, wind, solar, and hydro in accordance with New Jersey’s Renewable Portfolio Standard

25. Signatory Affirmation. Signor affirms that he or she is authorized to make decisions regarding the account and voluntarily authorizes Supplier to make the enrollment. Customer agrees to accept all notifications by email to the email address provided at time of enrollment, or subsequently provided to Pure.

26. Energy Consumption Information Commercial Customers only) Customer hereby agrees, upon request, to provide Pure with facility descriptions, operating information, meter identification numbers and locations, and such other information available to Customer as Pure may reasonably require to provide electric and/ or gas service pursuant to this Agreement. Customer’s expected energy usage for the Accounts may change for several reasons including, without limitation, additional equipment going on-line, ramp- up in equipment use, equipment modifications, increasing operating hours, remodel or facilities, new construction, applications for new construction permits, participation in demand response programs, participation in special government electricity supply programs or on-site electric generation of any type or size. Customer shall provide Pure at least thirty (30) days advance notice whenever it believes that Customer’s estimated monthly aggregate usage will materially change from Customer’s historical monthly usage, weather normalized, and shall provide good faith estimates of such usage changes.

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At no additional charge, you can donate a portion of your energy bill to one of our charitable Partnerships. We are partnered with reputable foundations such as The American Childhood Cancer Organization and the GI GO Fund. We are committed to helping out those in need and we hope you are too! If you wish to have part of your bill donated, check the box next to the logo of the foundation that you would like to donate to. On behalf of Pure Energy and our partners, we appreciate your generosity!


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Enrollment Summary

Plan Type: Electric
Rate: Variable
Term: Month to month
Source: 100% Wind Energy
No Contract
No Cancellation Fee


Zip Code:
Property Type: Residence

Includes Membership to:

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  • $100 Reward Just for Signing Up
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