ALLIANCE POWER COMPANY, LLC
TERMS OF SERVICE
REP Certificate Number 10074
Residential Terms of Service
This document explains the terms and conditions that apply to your purchase of electricity from Alliance Power Company, LLC (APC, Alliance, we, our, us). Your contract with us includes the Terms of Service, your enrollment authorization in writing or by telephone, the Electricity Facts Label (EFL), and the “Your Rights as a Customer” disclosure document, as they may be amended from time to time. The terms “includes” or “including” mean “including without limitation.” By accepting electric service from APC, you are entering into a contract with us and you will be bound by the Terms of Service.
Spanish Language (Idioma Español)
Your contract documents are available in Spanish by contacting us at 940-692-8760 or 1-877-777-2017.
Usted puede obtener los documentos de su contrato comunicándose con nosotros al 940-692-8760 or 1-877-777-2017.
You agree to pay the price indicated in the EFL and all amounts shown on your bill. Some products may require an advanced meter (smart meter) that records your usage more frequently and you will only be eligible for these prices if the appropriate meter and any other necessary equipment are installed at your location.
You agree to pay non-recurring fees charged by the transmission and distribution service provider (TDSP) that are necessary to implement and/or maintain electric service for you. Non-recurring fees by the TDSP may include service connection, disconnection or reconnection fees, meter test fees or special out-of-cycle meter read fees. Non-recurring fees will appear as line items on your bill.
You agree to pay all applicable Taxes (see Taxes below) and any fees charged by any governmental entity. The price, non-recurring fees and Taxes will be reflected on your monthly bill as Current Charges. We will charge $35 for each payment transaction that is returned unpaid or not processed: 1) returned checks, 2) returned electronic fund transfers, and 3) rejected credit card transactions. This charge will be reflected as Returned Payment Charge on your monthly bill, if applicable.
Billing, Payment and Payment Arrangements
We will provide a monthly bill that will include Current Charges and the Amount Due that will be due and payable 16 calendar days from the date shown on the bill, except you agree that we may issue a bill less frequently if we do not receive meter readings or usage information from the TDSP or ERCOT in time to prepare and send a monthly bill. We may also issue bills less frequently or send your bills electronically if you agree to accept alternate arrangements. If you do not pay your bill by the due date, we may charge you a Late Payment Penalty of 5% on the amount for the previous month’s past-due electric service. The Late Payment Penalty will not apply to customers who are “LITE-UP qualified.” If you are a customer who receives food stamps, Medicaid, AFDC or SSI from the Texas Department of Human Services (TDHS), then you are considered “LITE-UP qualified.” You must provide evidence of enrollment in a TDHS program. Late Payment Penalties will not exceed the maximum amount permitted by Law. “Law” means any law, statute, regulation, rule, ERCOT protocol, exchange rule, decision, writ, order, decree or judgment, or any interpretations by any court, agency or instrumentality that has jurisdiction, including ERCOT. Public Utility Commission (PUC) rules and guidelines can be viewed at: http://www.puc.state.tx.us/rules/subrules/electric/index.cfm
We reserve the right to adjust your bill. We may calculate a bill based on estimated meter readings absent actual meter readings from the TDSP or ERCOT. Once actual meter readings are received, we will issue a bill or make adjustments on a subsequent bill. If you agree to purchase other products or services from us or you purchase products or services that are offered by us but provided from third parties (Third Party Services), you acknowledge that the bill we provide you may include the charges for those products and services. We will apply all payments you make on your bill first to the amounts you owe us for electric service.
Please call us if you anticipate having difficulty paying your bill by the due date. You may be eligible for payment assistance or a deferred payment plan. You may donate to a payment assistance program on your bill each month.
If you fail to timely pay the amounts due and we refer your outstanding balance to an attorney or collection agent for collection, or file a lawsuit, or collect your outstanding balance through probate, bankruptcy or other judicial proceedings, then you agree to pay reasonable fees and expenses (including attorney fees) that we incur in the collection process.
We do not deny service based on your credit score. However, you may have to provide an initial deposit before receiving electricity service if you cannot demonstrate satisfactory credit. An initial deposit may also be required to continue to receive electricity service, if you have been late paying your bill more than once during the last 12 months or your service has been disconnected for non-payment. You may be required to provide an additional deposit to continue to receive electricity service if (1) your average annual electric service bill for the last 12 months is at least twice the amount of the original estimated annual bill, and (2) a notice for disconnection has been issued in the previous 12 months. If a deposit is required, the total amount of your deposit will not exceed an amount equal to the greater of either (1) the sum of the next two months estimated billings, or (2) one-fifth of the estimated annual billing. If we hold your cash deposit longer than 30 days, your deposit will accrue interest from the day we received it at the interest rate established annually by the PUC. We will credit any accrued interest on your deposit to your account either on your January bill each year or on your final bill. This PUC rule can be viewed at:
http://www.puc.state.tx.us/rules/subrules/electric/25.478/25.478.doc If you are LITE-UP qualified and are required to pay a deposit greater than $50, you will be eligible to pay your deposit in two installments. You must provide evidence of enrollment in a TDHS program. This PUC rule can be viewed at: http://www.puc.state.tx.us/rules/subrules/electric/25.454/25.454.doc
Instead of paying a cash deposit, you may provide a Guarantee Agreement signed by an active APC customer with satisfactory credit. You also may avoid paying a deposit if (1) you submit a credit reference letter from your previous electric service provider confirming your positive payment record for 12 consecutive months during the past two years, (2) you have a satisfactory credit rating through a consumer reporting agency, (3) you are at least 65 years of age and you do not have a delinquent balance with your current electric service provider, (4) you are medically indigent or, (5) you have been a victim of family violence and can provide a certification letter by the Texas Council on Family Violence. Please contact us for additional information if you believe you may be eligible for one of these options. You may send your letters to us by fax using our toll-free fax number, 1-877-879-3921.
If you establish satisfactory credit with us by making timely payments for 12 consecutive months, upon request, we will apply the deposit plus accrued interest to your account or cancel the Guarantee Agreement. If you do not establish satisfactory credit with us during the time you receive service from us, then we will apply the deposit plus accrued interest against the outstanding balance on your final bill or transfer the outstanding balance equal to the deposit identified in the Guarantee Agreement to the Guarantor’s account for payment in accordance with the Guarantee Agreement. We will bill you for any remaining balance and the bill will be due upon receipt. We will refund any credit balance to you or transfer the credit balance to your new REP, at your request and with your new REP’s consent.
Right of Rescission
If you are switching to APC from another Retail Electric Provider (REP), you can cancel your acceptance of the contract with us without penalty or fee by contacting us before midnight of the third federal business day after the date of your enrollment authorization and receipt of the contract documents. Please include the following:
1) request to cancel contract
2) name, address, phone number
3) Account Number or ESID Number
You may call us to cancel at 940-692-8760 or 1-877-777-2017 with this information, fax us at 1-877-879-3921, or e-mail us at email@example.com.
Canceling Your Contract
Your contract term is stated in the EFL. At the end of your contract term, you may cancel or terminate your contract by switching to a new provider. If you cancel the contract before the end of your contract term, you agree to pay the penalty or fee for early cancellation indicated in the EFL, if any, and you must select another REP to continue to receive electric service. Any Third Party Services that are included on your bill will automatically terminate when your electric service contract with us is cancelled. If you move from your existing premise during the contract term and provide a forwarding address to us, you will not be responsible for the cancellation fee stated in the EFL. We may also request that you provide reasonable evidence that you no longer occupy the location covered by the contract. In order to ensure timely processing, you should notify us at least 3 days before the requested termination date. Our obligations will end after the meter read date where we are no longer designated as your REP or when your electric service is disconnected by the TDSP. Your obligations under the contract will end when your account balance is paid in full.
Disconnection of Your Electric Service
WE MAY REQUEST DISCONNECTION OF YOUR ELECTRIC SERVICE IF YOU DO NOT PAY YOUR DEPOSIT OR THE PAST DUE AMOUNT OF YOUR ELECTRIC SERVICE BILL IN FULL BY THE DUE DATE ON THE DISCONNECT NOTICE. We will notify you in writing at least 10 calendar days before we disconnect electric service. We may request disconnection of your electric service without prior notice immediately under specific situations, including the existence of a dangerous condition at your service address or theft of service.
Customer Care, Alternate Billing and Payment Options
If you have any questions, concerns, billing inquiries, or you are interested in applying for the following services we offer, please contact us at 940-692-8760 or 1-877-777-2017.
Average Billing: The Average Billing option helps you manage your electricity budget by allowing you to pay an average amount every month. The following method will be used to calculate the average payment plan: One-twelfth of the sum of the current month’s consumption plus the previous 11 months consumption (or an estimate, for a new customer) at the appropriate customer class rates each month, plus a portion of any unbilled balance. A customer will receive a bill or credit for any overbilling or underbilling, as appropriate, at least once every twelve months. APC will collect under-recovered costs annually or upon termination of service. APC will credit any over-recovered amounts annually, or refund upon termination of service.
Automatic Bank Draft: You may conveniently pay your bill by automatic bank draft.
Automatic Credit Card Pay: You may pay your bill by Visa, MasterCard or Discover.
Antidiscrimination: We cannot deny service or require a prepayment or deposit for service based on your race, creed, color, national origin, ancestry, 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.
We also cannot use a credit score, a credit history, or utility payment data as the basis for determining the price for electric service for products with a contract term of 12 months or less.
Critical Care Customer: If the interruption or suspension of your electric service will create a dangerous or life-threatening condition, you may qualify as a critical load for notification of interruptions and suspension of service by the TDSP. The TDSP determines whether you are eligible for this designation. You must complete the Critical Care Eligibility Determination Form annually and return it to the TDSP in order to request this designation. Qualification as a critical care customer does not relieve you of your obligation to pay for electric service that you receive from us.
Power Outages and Emergencies: Please call the telephone number listed on your bill if you have an electrical emergency or a power outage.
Dispute or Complaints: If you have any questions, concerns, or complaints, please contact us. In the unlikely event we cannot immediately respond to your question or complaint, we will promptly investigate the matter and report our findings to you. During this time, you will not be required to pay the disputed portion of your bill. If for any reason you are not satisfied with our response, you may contact the PUC.
Limitations of Liability: YOU AGREE THAT CAUSES AND EVENTS BEYOND OUR CONTROL, INCLUDING ACTS OF GOD, ACTS OF ANY GOVERNMENTAL AUTHORITY, ACCIDENTS, STRIKES, LABOR TROUBLE, AND EVENTS OF FORCE MAJEURE OCCURRING WITH RESPECT TO THE TDSP, ERCOT, OR OTHER THIRD PARTY SYSTEMS OR ASSETS (A FORCE MAJEURE EVENT), MAY RESULT IN INTERRUPTIONS IN SERVICE AND THAT WE WILL NOT BE LIABLE FOR THOSE INTERRUPTIONS. YOU ALSO AGREE THAT WE ARE NOT RESPONSIBLE FOR GENERATING YOUR ELECTRICITY OR FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY TO YOUR SERVICE ADDRESS. FURTHERMORE, YOU AGREE THAT WE WILL NOT BE LIABLE WITH RESPECT TO ANY THIRD PARTY SERVICES; THAT OUR LIABILITY NOT EXCUSED BY REASON OF FORCE MAJEURE OR OTHERWISE WILL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY; AND NEITHER OF US ARE LIABLE TO THE OTHER FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES. YOU WAIVE ALL OTHER REMEDIES AT LAW OR IN EQUITY. THESE LIMITATIONS APPLY EVEN IF THE DAMAGES RESULT FROM NEGLIGENCE, WHETHER SOLE, JOINT, CONCURRENT, OR ACTIVE OR PASSIVE. THERE ARE NO THIRD PARTY BENEFICIARIES TO THE CONTRACT. REPRESENTATIONS AND WARRANTIES THE ELECTRICITY SOLD UNDER THIS CONTRACT WILL BE SUPPLIED FROM A VARIETY OF GENERATING SOURCES. THE TDSP OR ERCOT SYSTEM WILL NOT DELIVER ELECTRICITY FROM A SPECIFIC GENERATING SOURCE TO YOUR SERVICE ADDRESS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OTHER THAN THOSE EXPRESSLY SET FORTH IN THE CONTRACT, AND WE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, CONFORMITY TO MODELS OR SAMPLES AND FITNESS FOR A PARTICULAR PURPOSE.
You will be responsible and indemnify us for any and all Taxes. “Taxes” means all federal, state and local taxes, fees, governmental charges, and assessments presently or hereafter imposed on you as purchaser of electricity, on us as seller of electricity, or on electricity sales transactions, including gross receipts taxes, municipal administrative fees, and generation, utility, TDSP, regulatory, BTU or electricity taxes and assessments.
Provisions that Survive
Obligations regarding indemnity, payment of Taxes, limitations of liability, and waivers will survive the termination of the contract indefinitely.
If either party or its activities under the contract become subject to any Law enacted during the contract term that renders the contract unenforceable or illegal, then either you or APC may terminate the contract without the consent of, and upon 30 days’ notice to, the other, and without any obligation, payment or otherwise (other than payment obligations for electricity previously supplied to you).
Governing Law: YOUR CONTRACT WITH ALLIANCE POWER IS GOVERNED BY THE LAWS OF THE STATE OF TEXAS. THE TEXAS UNIFORM COMMERCIAL CODE APPLIES TO THE TERMS OF SERVICE AND ELECTRICITY IS DEEMED A “GOOD”. The Uniform Commercial Code can be viewed at the following website: http://www.statues.legis.state.tx.us./?link=BC
You may not assign your contract with us, in whole or in part, or any of your rights or obligations under the contract without our prior written consent. APC may, without your consent, (i) as part of any financing or other financial arrangements, assign, sell or pledge this agreement or its accounts, revenues, or proceeds, or (ii) assign this agreement to an affiliate of APC or to any other person or entity succeeding to all or a substantial portion of the assets of APC.
If either of us waives any one or more defaults by the other in the performance of any of the provisions of the contract, then such waiver will not be construed as a waiver of any other default or defaults whether of a like kind or of a different nature.
How Do You Contact Alliance Power? Alliance Power Company, LLC (aka APC or Alliance Power) 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:
811 6th Street, Suite 205
Wichita Falls, TX 76301
877-777-2017 (Toll Free)
Hours of Operation: 8AM – 5PM, Central Time, Monday-Friday
PRODUCT TYPE SECTION
Alliance Power offers the following product types. Only the specific section for your product type will apply to your contract. Your EFL contains your specific product type and term information.
Variable Products (Month to Month)
Changes to Contract Provisions
We can make changes to the provisions of the contract at any time with appropriate notice except for changes to the length of your contract term. We will notify you of any material change to the contract in writing at least 14 days before any change to the contract will be applied to your bill or take effect. If you do not cancel the contract before the effective date of the change, the change will become effective on the date stated in the notice. Notice is not required for a change that is beneficial to you. Your price will vary according to a method determined by APC as set forth in your EFL.