Clearview Energy – Rhode Island Sales Agreement and Terms of Service

For Residential and Small Commercial Customers

Electric Product Name: FlexRewards12Plus
Product Description: A Month-to-Month Variable Kilowatt Rate Product with a Variable Monthly Base Charge
Energy Type: Traditional Energy Product
Agreement Term: Month-to-Month Variable Kilowatt Rate Product
Electric Supply Rate: $ 0.2809 per kilowatt hour
Monthly Base Charge: $ 4.99
Early Termination Fee: $ 0.00
Promotion: A promotional variable rate product with a kilowatt rate and base fee guaranteed not to exceed the stated amounts for the first twelve (12) billing cycles with Clearview Energy listed as the electric supplier. Any utility bill processed after this period will receive a Clearview Energy variable kilowatt rate, and base fee, that may fluctuate month-to-month, and may be higher or lower than the Standard Offer.

After your account has successfully been switched to Clearview Energy you will automatically be enrolled in our Clearview Customer Rewards program earning 100 reward dollars every month. Clearview Energy will also send you a digital $10 Amazon gift card on a quarterly basis while account status remains active for the first twelve (12) billing cycles. A valid email address is required to receive the incentives.

This Agreement is for electric supply service between Clearview Electric, Inc. dba Clearview Energy (“Clearview Energy”) and Customer. Customer and plan information can be found in the Product Information Chart. The Product Information Chart is hereby made an integral part of this Agreement. Clearview Energy is licensed as an electric supplier by the Rhode Island Public Utility Commission (“PUC”) [Docket # D-96-6(R5)]. Clearview Energy establishes your electric supply rate. The PUC regulates the distribution rates of your Local Distribution Utility (“Utility”). The Federal Energy Regulatory Commission regulates transmission prices and services.

PLEASE READ THIS DOCUMENT CAREFULLY. This Agreement is the entire contract between the parties and supersedes any prior written or oral representations.

1. Price of Electricity

The price in cents per kilowatt includes: electric generation supply, capacity charges and renewable energy credits in the Independent System Operator’s (or equivalent’s) market; any applicable state and/or local taxes; and a margin adder. The price of electricity may include a Monthly Base Charge as outlined in the Product Information Chart. Based on your Utility’s billing processes, the Monthly Base Charge will either appear as a separate line item or it will be combined with your usage. Clearview Energy’s supply charges do not include any Utility charges applied to your account.

1a.   Fixed Kilowatt Rate Product – If Clearview Energy would like to propose a change to a fixed kilowatt rate product, you will be notified by the process described in Change of Terms. Fixed price products may change due to new or modified federal, state or local laws; or regulatory actions that impose new or modified fees.

1b.   Month-to-month Variable Kilowatt Rate Product – Month-to-month variable kilowatt rate products are subject to change without notice at Clearview Energy’s discretion outside of any applicable promotion. If applicable, the Monthly Base Charge may also fluctuate outside of any applicable promotion.

 
All pricing can be viewed at www.ClearviewEnergy.com

2.    Term of Service

(a)         Length of Agreement and Terms of Renewal

1. Fixed Kilowatt Rate Product – The Agreement Term and Effective date can be found in the Plan Information Chart. Upon expiration of your fixed term, your service will automatically continue under a Clearview Energy variable month-to-month renewal product, with a base fee starting at $9.99, for which rates may change at Clearview Energy’s discretion outside of any applicable promotion. You will receive one (1) renewal notice thirty (30) days prior to the renewal date. If you do not respond to the renewal notice, at its discretion, Clearview Energy may renew your account under the terms described in the renewal notice.
2. Month-to-month Variable Kilowatt Rate Product – The Agreement Term and Effective date can be found in the Plan Information Chart. This Agreement shall commence for a one (1) month term (“Initial Term”) and thereafter rates, with a base fee starting at $9.99, may change at Clearview Energy’s discretion outside of any applicable promotion. This Agreement shall automatically renew for successive one (1) month periods (“Renewal Term”).

(b)         Billing and Payment

You will receive a single bill from your Utility that includes Clearview Energy’s electric supply charges as well as the Utility’s delivery charges. By the acceptance of this Agreement, you herby authorize the Utility to provide billing and payment information to Clearview Energy. This contract does not include LDU delivery charges. The Customer will pay each invoice in full within twenty (20) days of the invoice date or in the timeframe established by the Utility. Customer payments remitted in response to a consolidated bill shall be pro-rated in accordance with procedures adopted by the PUC. If the Customer fails to remit payment when due, Clearview Energy reserves the right to terminate supply services. Failure to remit payment is considered a breach of this Agreement and the Customer may be liable to Clearview Energy for any applicable early termination fee.

For any payment sent directly to Clearview Energy, which is returned by your financial institution for any reason, Clearview Energy will charge $20.00 for each payment transaction that is returned unpaid or not processed including: (1) returned checks, (2) returned electronic fund transfers, and (3) any other form of dishonored payment. This charge will be reflected as NSF fee on your next bill, if applicable.

3.    Cancellation Provisions

(a) Right of Rescission
Customer may rescind this Agreement within three (3) business days after the signing or receipt of this Agreement, whichever comes first, by contacting Clearview by phone or in writing. This contract for electric generation supply service is not legally binding upon you until the 3-day confirmation period has expired, and you have not, directly or indirectly, rescinded your selection. Customer is liable for all Clearview charges until Customer returns to the LDU or goes to another supplier.

(b) Termination
1. Fixed Kilowatt Rate Product – If you terminate this Agreement prior to its expiration, you will be charged an Early Termination Fee as outlined in the Product Information Chart. Your service will remain in effect until such time as the Utility completes the termination in accordance with its rules. However, you may terminate this Agreement without penalty as a result of relocation, disability that renders the customer of record unable to pay for Clearview Energy’s service, or the customer of record’s death.
 
2. Month-to-month Variable Kilowatt Rate Product – This Agreement will remain in effect at Clearview Energy’s discretion or until you notify Clearview Energy of your desire to choose a fixed plan, or another provider. Customer may cancel this Agreement at any time by providing thirty (30) days’ notice to Clearview Energy at 1.800.746.4702. There is no penalty for cancellation of variable month-to-month products.

 
Upon termination of this Agreement, 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 trued-up subsequent to the final meter reading. Clearview Energy does not physically cut off
electric service, only your Utility may do that. If Clearview Energy cancels this Agreement for any reason other than non-payment you will be mailed one (1) notice fifteen (15) days prior to your service being returned to the Utility’s supply service.
4.    Cancellation Fees
The applicable cancellation fee information can be found in the Plan Information Chart.
5.    Deposits
Clearview does not require a security deposit to initiate service.
6.    Budget Plan Availability
Clearview does not offer a budget plan on the supply portion of your bill. If the LDU allows, you may continue to participate in budget billing for the distribution portion of your bill. Contact your LDU for budget plan details.
7.    Dispute Resolution Process
If you have any questions or disputes regarding Clearview Energy’s service, please contact Clearview Energy’s customer service department at 1.800.746.4702. If you are not satisfied with the resolution after speaking with a Clearview Energy representative, then you may contact the PUC. For your convenience, the PUC’s contact information has been provided at the end of this Agreement. No terms contained herein waive any rights you may have under Rhode Island or Federal Consumer Protection laws.
8.    Remedies
Any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred, notwithstanding any state statute of limitation to the contrary. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. If a dispute arises out of or relates to this contract, or the alleged breach thereof, and if the dispute is not settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation within thirty (30) days, then the parties shall submit to binding arbitration. The process shall be confidential based on terms acceptable to the mediator and/or arbitrator.
 
9.    Contact Information
Generation Supplier: Clearview Electric, Inc. dba Clearview Energy
P.O. Box 130659
Dallas, TX 75313-0659
1.800.746.4702
www.ClearviewEnergy.com
Electric Distribution Company: Narragansett Electric (National Grid)
1.800.640-1595
www.nationalgrid.com
Public Utility Commission: Rhode Island Public Utility Commission
1.800.492.0474
www.ripuc.org
10.    Market Adjustment
 

National Grid customers receiving Standard Offer Service under the Fixed Price Option who leave National Grid for a


competitive supplier will be subject to a National Grid billing adjustment. This billing adjustment will appear on your utility bill and may be a credit or a charge to your Standard Offer Service bill, depending on National Grid rates at the time. Clearview is not responsible for the National Grid Basic Service Billing Adjustment and does not receive these fees.

11.    Additional Information
(a) Assignments
Customer may not assign its interests in and delegate its obligations under this Agreement without the express written consent of Clearview. Clearview may sell, transfer, pledge, or assign the accounts receivable, revenues, or proceeds hereof, in connection with any financing agreement, purchase of accounts receivables program or billing services agreement, and may assign this Agreement and the rights and obligations there under, to another energy supplier, or other entity as authorized by the PUC.
(b) Force Majeure
The term “Force Majeure” shall mean any cause not reasonably within the control of the Party claiming suspension and which by the exercise of due diligence, such Party is unable to prevent or overcome, including but not limited to, an act of God, natural disaster, an act of war, and any act or cause which is deemed a Force Majeure by the LDU or any transportation or transmitting entity. If either Party is unable, wholly or in part, by Force Majeure to perform or comply with any obligations or conditions of this Agreement, such party will give immediate written notice, to the maximum extent practical, to the other party and not be held liable.
(c) Limitations of Liability
Liabilities not excused by Force Majeure or otherwise shall be limited to direct actual damages. Neither party will be liable to the other for consequential, incidental, punitive, special, exemplary, or indirect damages. Lost profits or penalties of any nature are hereby waived; these limitations apply without regard to the cause of any liability or damage, including the negligence of Clearview. There are no third-party beneficiaries to this Agreement.
(d) Customer Information and Release Authorization
Throughout this Agreement, you authorize Clearview or its agents to obtain and review information from credit-reporting agencies regarding your credit history and information from the LDU relating to you and your account that includes, but is not limited to: account name and number; billing history; payment history; rate classification; historical and future electricity usage; meter readings; and characteristics of electricity service. Clearview will not give or sell such information to any other party without your consent unless required to do so by law, or it is necessary to enforce the terms of this Agreement. Clearview reserves the right to reject your enrollment, or terminate this Agreement, in the event you rescind these authorizations.
(e) Energy Products
1. Renewable Energy Product – Supports 100% green energy producers in the United States through the purchase of Renewable Energy Certificates equivalent to the power you consume. The renewable sources may include wind, solar, geothermal and/or biomass.
2. Traditional Energy Product – Traditional energy products sourced by a combination of coal, natural gas, nuclear, hydropower and/or other renewable energy sources.
(f) 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.

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