Alliance Power Company, LLC (REP No. 10074)
Texas Pre-Paid Residential
Customers
This document explains the terms and conditions of your agreement (the “Agreement”)
to purchase electricity from Alliance Power Company,
LLC (“Alliance Power”). If you would like to receive
this information in Spanish, please call us at 940-692-8760. Usted
puede obtener el mismo documento impresso detallando
los Terminos de Servicio en espanol comunicandose
con nosotros al 940-692-8760. Please keep this
Agreement for your future reference.
How Service Is Started. Before Alliance Power
can provide you with electricity service, it must
receive your first payment that it will calculate
based on its estimate of your charges. If you mail
your first payment to Alliance Power, it will typically
take 3 to 5 business days after Alliance Power receives
payment before it can provide service. Based on the
average mail delivery times, this means that service
could be initiated as early as 7 to 9 business days
after you mail Alliance Power a payment. You can
avoid the delay of sending a payment through the mail
by making a payment at participating Fidelity Expressand
Money Gram locations for a fee. Alliance Power receives
daily updates of payments received by Fidelity Expressand
Money Gram and, upon confirmation that Alliance Power
has received your payment, Alliance Power will immediately
send your Transmission Distribution Service Provider
(“TDSP”) the necessary request to initiate service.
This can reduce the time it takes to initiate service
to as little as 2 business days after Alliance Power’s
receipt of payment. For customers currently receiving
service from another REP (i.e. “Retail Electric Provider”),
it can take longer to switch your service to Alliance
Power. Alliance Power does not charge a switch or
enrollment fee. However, Alliance Power will bill
you for any charges to implement your electricity
service imposed by your TDSP which may include, but
are not limited to, a service connection fee, reconnection
fee, meter test fee, an out-of-cycle or similar special
meter read fee or priority fees if any of these services
are performed on an expedited basis.
No Credit Check Or Deposit Required. No credit
check or deposit is required.
Term Of This Agreement And Your Option To Renew
This Agreement. When you initiate receiving electric
service with Alliance Power you are agreeing to continue
receiving electricity from Alliance Power for 6 months
(“Initial Term”). At the end of such term you have
the right, at your option, to renew the contract.
You can exercise your right to renew your contract
simply by paying your monthly Invoice for the next
month (your seventh month of service). If you renew
the contract, it will be for another six month term
(“Renewal Term”). If you choose to continue renewing
your contract (successive “Renewal Terms”), you can
receive service from Alliance Power indefinitely. As
explained below, there is an early termination fee,
but you always have the right to end your contract
without an early termination penalty once every 6
months, at the end of the six month term. It is solely
your choice whether to renew your contract with Alliance
Power.
Fee To End This Agreement Early. If this Agreement
is terminated before the end of the Initial Term or
any applicable Renewal Term, we may assess you a termination
fee of $186.00. This fee will not apply if you terminate
this Agreement as a result of our notice to change
the terms of this Agreement as set forth below.
Three-Federal-Business Day Right Of Rescission.
If you are switching service from another REP
to Alliance Power, you may cancel this agreement without
penalty or fee within the first 3 federal business
days after you receive this Agreement. You may so
cancel this Agreement by: (i) calling Alliance Power
at 940-692-8670; (ii) writing Alliance Power at 811
6th Street Suite 350, Wichita Falls, TX
76301; (iii) sending Alliance Power a fax at 940-723-8113;
or, (iv) sending Alliance Power an email at customerservice@alliance-power.com
no later than midnight of the 3rd federal
business day. Please include (a) your name, (b) service
address, (c) your Alliance Power account number or
Electric Service Identifier (“ESI”); (d) the personal
identification number (“PIN”) Alliance Power provided
you upon enrolling; and (e) a statement that you are
canceling your Agreement under this 3-day rescission
right.
How You May Cancel This Agreement Later.
After the 3-day cancellation period in the above
paragraph, you may cancel this Agreement by giving
Alliance Power 30 days notice. If this Agreement is
terminated before the end of the Initial Term or any
applicable Renewal Term, you may be charged an early
termination fee unless you terminate this Agreement
as a result of Alliance Power’s notice to change the
terms of this Agreement as set forth below. You can
notify Alliance Power of your decision to cancel this
Agreement by mail, fax, or email using the number
and addresses in the above paragraph. When you notify
Alliance Power of your decision to cancel, please
include your name, service address or ESI, and the
account # Alliance Power provided you on enrolling.
Your service will terminate on a date set by the registration
agent, usually the next meter reading date after Alliance
Power receives notice of your cancellation.
When Can Alliance Power Cancel This Agreement?
Alliance Power may cancel this Agreement for any
lawful reason upon 10 days prior written notice. This
Agreement will be canceled automatically if (i) Alliance
Power terminates your service for nonpayment or (ii)
your service is disconnected and you are not reconnected
within 5 days after disconnection. There are circumstances
under which the law permits Alliance Power to cancel
the Agreement and without prior written notice to
you (e.g. fraud or misrepresentation by you in enrolling
for service under this Agreement) and if this Agreement
is canceled for such a reason you may not receive
any prior notice. Cancellation is in addition to any
other remedies Alliance Power may have at law or in
equity including, but not limited to, termination
or disconnection of your service as described in this
Agreement.
What Happens When Either Party Cancels This Agreement.
If Alliance Power cancels this Agreement because
you have not paid for charges owed to it or you have
broken your promises in this Agreement, your service
will be disconnected. Regardless of whether you or
Alliance Power cancel this Agreement, if you want
to obtain service from another REP, you must contact
it directly. Cancellation does not excuse your obligation
to pay Alliance Power all outstanding fees and charges
under this Agreement.
“Cancellation”, “cancel”, and “canceled” mean ending
this Agreement. The terms “terminate” and “termination”
refer to transfer of your service from Alliance Power
to the appropriate default service provider without
a scheduled interruption of service. “Disconnect”
or “disconnection” refers to the physical interruption
of delivery of electricity.
Notice To Be Given To You If This Agreement Is
To Be Changed. If Alliance Power proposes to make
material changes to this Agreement, it will send you
notice at least 45 days prior to the effective date
of the proposed change. If the change is not acceptable
to you, you may cancel your Agreement by sending Alliance
Power a notice of cancellation at least 10 days prior
to the effective date of the proposed change. (Please
see the paragraph above on how to cancel your Agreement).
Otherwise, Alliance Power will continue your service
based on such change on the effective date indicated
in the notice.
How Do You Contact Alliance Power? Alliance
Power Company, LLC does business as Alliance Power
and is a certified Retail Electric Provider, Retail
Electric Provider number 10074. It you have
questions or want to exercise your rights under this
Agreement, please contact Alliance Power using one
of the following methods:
Mailing address for notices or correspondence:
P.O. Box 1617
Wichita Falls, Texas 76307
Mailing address for payments:
P.O. Box 1617
Wichita Falls, Texas 76307
Toll-Free Customer Service Telephone Number: 877-777-2017
Hours/Days of Operation: 8:00 am - 6:00 pm, Central
Time, Monday-Friday.
Fax Number: 940-723-8113
Website: www.Alliance-Power.com
What Will You Be Charged For Your Electricity
Service? Alliance Power charges you a fixed monthly
fee of $4.95 to be its customer. Alliance Power charges
you for the electricity provided on a per kilowatt
hour (“kWh”) basis. Such rates for service will be
no greater than the amount charged by the Provider
of Last Resort (the “POLR”). The POLR rate changes
from time to time. Consequently, the rate you are
charged to purchase electricity from Alliance Power
will vary with such changes in the POLR rate if the
charge is so based on the POLR rate. Your rate will
not change more than once per calendar month, however.
Alliance Power will post a new Electricity
Facts Label on its website each month with the
applicable rate for your TDSP region for that month.
The rate is also available by calling Alliance Power
at its customer service number and will be reflected
in your monthly bill.
Alliance Power charges for service in advance. When
you enroll, Alliance Power will calculate an estimate
of your charges for electricity service, fees, and
non-recurring charges for the first 6 months of this
Agreement. Where you live, the size of your home,
previous usage history at the service address, and
the season of the year, among other factors, will
be used to calculate such estimate. That estimate
will be used to set your monthly payment amount. Alliance
Power will receive your actual monthly usage from
the TDSP and may compare your actual charges to Alliance
Power’s estimate. Alliance Power may change your monthly
payment if your actual usage, fees, and non-recurring
charges differ from such estimate by more than 20%
for any given month.
At the end of the first three days after service
is provided and every 30 days thereafter, Alliance
Power will reconcile the actual amount of electricity
you used during the period based on the information
that has been provided to Alliance Power by the TDSP. If
your charges for the period were more than the estimated
bills you paid, Alliance Power will add the difference
to your bill. If your charges for the period were
less than our estimate, Alliance Power will credit
your bill by the amount of your overpayment. Alliance
Power will also reconcile your account at the time
this Agreement is canceled and whenever your service
is terminated or disconnected. Due to the time it
takes to receive information from the TDSP and when
you are billed, it may take up to forty-five (45)
days for a charge or credit to appear on your bill.
What Other Charges May Be Applied To Your Account?
Alliance Power may charge you fees for certain services
it provides on your behalf or in connection with your
account. Such fees may include:
| Description |
Fee |
| Customer Charge |
$4.95 |
| Collection Letter |
$15.00 |
| Early Termination Charge |
$186.00 |
| Copy Charges for Prior Period Bills1 |
$5.00 |
| Fee to Reverse Cancellation Instructions
Sent to TDSP2 |
$79.00 |
| Late Fee |
5% of the unpaid amount3 |
| Reminder Notification for Cancellation,
Disconnection, or Termination |
$8.50 |
| Convenience Payment Fee4 |
$10.00 |
| Credit Card Payment Fee |
$12.50 |
| Discretionary Service Fee |
Dependent upon service requested.5 |
| Return check fee |
$25.00 |
| 1 |
After your first request
for copies of your billing records in any calendar
year, you may be assessed a fee of five dollars
($5.00) per bill period requested. |
| 2 |
This fee may be imposed
if you attempt to stop the process (including
by paying your next month’s bill) Alliance
Power has already notified the TDSP to disconnect
service or drop your account to the appropriate
default service provider. |
| 3 |
If you do not pay your bill on or before the
due date, Alliance Power will add a late charge
equal to five percent (5%) of that portion of
the past due charges on which Alliance Power has
not previously assessed a late charge. |
| 4 |
Money Gram and/or Fidelity
Express will impose a fee for customers selecting
a method of remitting payment through one of
their convenient locations (e.g. Fidelity Express
and Money Gram). |
| 5 |
If you request a special
service not provided to customers of Alliance
Power in the ordinary course of business, Alliance
Power may agree to perform such service for
a fee to be determined at such time. If Alliance
Power elects to impose such a fee, you will
be advised in advance of the amount of the fee
before Alliance Power performs the service. |
Alliance Power will also bill you on behalf of your
TDSP for the goods and/or services such TDSP provides
you. These goods and services may include, but are
not limited to: non-recurring TDSP charges for initiation
of service; connection fees; meter test fees; special
meter read fees; disconnect fees; reconnect fees;
and, such other fees or charges lawfully imposed by
your TDSP.
How You Will Be Billed And What If You Have A
Problem With Your Bill? Alliance Power will bill
you monthly in advance. All bills are due no later
than sixteen (16) days from the issuance date on the
bill. If you do not pay your bill on or before the
due date, Alliance Power will terminate service for
non-payment. Acceptance by Alliance Power of any partial
payment (and even though marked by you “paid in full”
or similar designation) from you will not relieve
you of your obligation to pay the full amount owed.
Alliance Power reserves the right to have included
on your monthly bills any charges or credits necessary
to correct any billing errors. If any such charge
causes a problem for you, please call Alliance Power.
Alliance Power reserves the right to pursue all legal
methods to collect any amounts lawfully owed. In the
event that you fail to pay your bill in accordance
with this Agreement, you agree to pay reasonable collection
costs and expenses (including reasonable attorney’s
fees) Alliance Power incurs as a result of its attempt
to collect any amounts you owe. Alliance Power will
make reasonable efforts to return any unclaimed credits
if a credit balance exists on your account after payment
of your final bill from Alliance Power. Unless Alliance
Power receives your specific request, those account
balances, which are less than one dollar ($1.00),
will not be returned. If you have any questions or
a dispute regarding the charges on your bill or payments
with respect to your account, please call Alliance
Power at (877) 777-2077. If Alliance Power is unable
to respond to your question or dispute, it will investigate
the matter promptly and report its findings to you. You
will not be required to pay the disputed portion of
your charges while such is being investigated. If
you are not satisfied with Alliance Power’s response
you may contact the Public Utility Commission of Texas
(“PUCT”). For more information on your rights in
the event you have a dispute with your bill or information
on how to contact the Public Utility Commission of
Texas, please see the “Your Rights as a Customer”
document accompanying this Agreement.
Forms Of Payment Which Alliance Power Accepts.
You may pay your bill by money order or other
certified funds (e.g. cashier’s check) or by credit
card with a service charge, or by payment on-line
(by server and method approved by Alliance Power).
Alliance Power will also accept payment through certain
third-party payment service providers that it has
identified as accepting payments on its behalf either
in this Agreement or on its website (a “Convenience
Payment”). Currently, the only third-party authorized
to accept Convenience Payments on its behalf is Fidelity
Express and Money Gram. The list of third parties
accepting payments on its behalf, however, may be
changed from time-to-time by posting notice on its
website and will be effective immediately. Payment
by any method other than one of the authorized payment
methods in this paragraph will be returned and will
not prevent any cancellation, termination, or disconnection
of your account.
You Will Be Charged For Taxes On Your Services.
You must pay all federal, state and local taxes and
charges applicable to your services (but you will
not be required to pay any federal income tax of Alliance
Power applicable to such services).
Your Power May Be Turned Off Under These Circumstances.
Effective June 1, 2004, Retail Electric Providers
can request to disconnect electric service under certain
circumstances, hereafter named, meaning that the flow
of power to your home may be so interrupted. Alliance
Power has the right to authorize the disconnection
of your electric service upon at least 10 days prior
written notice if (i) you fail to pay your bill or
to make deferred payment arrangements on or before
the date of disconnection stated on the disconnect
notice that will be sent after your bill becomes past
due; (ii) you fail to comply with the terms of a deferred
payment agreement; or, (iii) you interfere with the
electric service of others or operate non-standard
equipment. If Alliance Power has not received full
payment within a reasonable time after it sends you
a disconnection notice for non-payment, it will attempt
to contact you by telephone. In order to prevent disconnection,
you must pay the entire amount stated in the notice
by one of the approved payment methods set forth above
in this Agreement. There is an additional charge for
this reminder call that may be assessed to your account
no more than once in connection with any particular
disconnect notice. Alliance Power may also authorize
disconnection of your service without prior written
notice as provided by Section 25.483(d) of the rules
and regulations of the Public Utility Commission of
Texas including (i) where a known dangerous condition
exists; (ii) where service is connected without authority;
(iii) where service is reconnected without authority
after being disconnected; (iv) for tampering with
the TDSP’s equipment; or (v) if there is evidence
of theft of service. This Agreement will be automatically
canceled if you are disconnected for non-payment and
have not reestablished service by satisfactory correction
of the reason(s) for disconnection within two (2)
days. Once this Agreement is terminated, you will
have to contact another REP directly to have your
electric service reestablished. To reestablish service
with Alliance Power you will need to go through the
application process again and formally choose Alliance
Power as your REP. Disconnection of your service does
not relieve you of your responsibility for charges
incurred in connection with this Agreement.
Programs Available To You If You
Have A Problem Paying Your Bill. A rate reduction
program is available to qualifying low-income customers
through the LITE-UP Texas program; a program administered
by the Public Utility Commission of Texas. To sign
up, or continue in the program after you move, please
call the program administrator at 1-866-4-LITEUP (1-866-454-8387). Applications
are also available over the internet at http://www.puc.state.tx.us/electric/projects/24116/24116arc/udscform2.doc.
If you cannot pay your bill, you are eligible for
a deferred payment plan unless you have received more
than two termination or disconnection notices during
the past 12 months or you have received service from
Alliance Power for fewer than three months and cannot
demonstrate a satisfactory payment history with a
prior REP. If you have received a disconnection notice,
and you have made a request for a deferred payment
plan, your deferred payment plan will require you
to pay 25% of the past-due amount when the plan is
approved and the remainder may be paid over the following
three months in equal installments. You will have
to remain current on your other obligations during
the term of the deferred payment plan, and if you
fail to properly complete the deferred payment plan,
your service may be terminated and transferred to
the REP affiliated with the TDSP in your region or
your service may be disconnected.
Please call Alliance Power at 940-692-8760 to obtain
more information about the various assistance programs
that may be available to you.
Provisions If Someone In Your Household Is Critically
Ill. If you or another person residing at the
service address has special needs such that any interruption,
suspension or other loss of electric service could
cause a dangerous or life-threatening condition, you
must notify Alliance Power of this need in writing
when applying for service. Alliance Power will provide
to you the eligibility determination form adopted
by the Public Utility Commission of Texas, that you
must complete and return to Alliance Power. If you
qualify, the critical care designation will be valid
for one year. Alliance Power will send you a renewal
application prior to expiration of your designation. Qualification
as a critical care customer does not relieve you of
your obligation to pay Alliance Power for services
rendered.
You Should Contact In The Event Of A Power-Outage.
FOR OUTAGES AND EMERGENCIES 24 HOURS, 7 DAYS
A WEEK, contact the following TDSP in your service
area:
| CenterPoint 800-332-7143 |
TNMP 888-866-7456 |
| AEP 866-223-8508 |
Sharyland 956-668-9551 |
| Oncor 888-313-4747 |
|
Alliance Power Respects Its Customers And Prospective
Customers. Alliance Power does not deny service
or require a prepayment or deposit for service based
on an applicant’s race, creed, color, national original,
ancestry, religion, sex, marital status, lawful source
of income, level of income, disability, familial status,
location in an economically distressed geographic
area, or qualification for low income or energy efficiency
services.
WARRANTIES. ALLIANCE POWER MAKES NO REPRESENTATIONS
OR WARRANTIES OTHER THAN THOSE EXPRESSLY SET FORTH
IN THIS AGREEMENT AND EXPRESSLY DISCLAIMS ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY. ALLIANCE POWER’S
LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO
DIRECT DAMAGES ACTUALLY INCURRED. IT SHALL NOT BE
LIABLE FOR INTERRUPTION OR SHORTAGE OF SUPPLY, NOR
ANY ASSOCIATED LOSS OR DAMAGE, RESULTING FROM CAUSES
OUTSIDE ITS REASONABLE CONTROL. NEITHER YOU NOR ALLIANCE
POWER SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY
KIND WHATSOEVER, WHETHER IN CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE.
Force Majeure. Alliance Power will not be
in breach of its obligations under this Agreement
to the extent that its failure to perform is caused
by forces or circumstances beyond its reasonable control.
Such forces or circumstances include, but are not
limited to, unusually severe weather, flood, fire,
lightning, drought, earthquake, failure of the Energy
Reliability Council of Texas (ERCOT) or TDSP to transmit
electricity or perform any of their obligations, or
failure of performance of any of Alliance Power’s
suppliers, vendors or other third parties.
Miscellaneous. By initiating service with
Alliance Power, you certify that you are a resident
of the service address, at least 18 years of age,
and that you are legally authorized to select the
Retail Electric Provider for the service address.
If different from the service address, the billing
address is the address you provided at sign-up. You
may not assign this Agreement without Alliance Power’s
prior written consent. There are no third-party beneficiaries
to this Agreement. This Agreement will be governed
and construed in accordance with the laws of the State
of Texas. The terms and conditions set forth the final
and entire Agreement between you and Alliance Power
regarding your purchase of electricity service (subject
to applicable law), and supersede all previous promises,
understandings and agreements. The headings in this
Agreement are for convenience only. If any provision
of this Agreement is deemed to be invalid, illegal
or otherwise unenforceable, you and Alliance Power
agree that it shall be modified to the minimum extent
necessary to render it valid, legal and enforceable.
If any such provision cannot be modified in such a
manner, that would make it valid, legal and enforceable,
such provision shall be severed from this Agreement,
and all other provisions hereof shall remain in full
force and effect. Any failure on Alliance Power’s
part at any time to enforce any term or condition
of its service or to exercise any right under this
Agreement shall not be considered a waiver of its
right thereafter to enforce each and every such term
and condition or to exercise such right or any other
right under this Agreement.
