Sperian Energy Corp Ohio Electric Service Area Customer Terms and Conditions

The following is your Terms of Service and, coupled with your authorization, either through online enrollment, or a recorded call verification process, reflects the agreement (“Agreement”) between Customer and Sperian Energy Corp (“Sperian”) for the purchase of retail electricity generation service. Sperian agrees to sell and Customer agrees to buy the quantity of electricity delivered to you, as measured or estimated by your Electric Distribution Utility (“EDU”). Sperian is a competitive retail electric service provider (“CRES”) and will supply electricity for your service location enrolled under this Agreement. The words “we,” “us,” and “our” refer to Sperian, and the words “you” and “your” refer to the Customer. Retain this Agreement for your records. Sperian is licensed as a CRES by the Public Utility Commission of Ohio (“PUCO”) case number 12-0552 and certificate number 12-503E (1).

  1. Service Term: You will continue to receive a single bill from your EDU. Should you cancel your service before the end of the initial term specified in your selected plan, you will be subject to an early termination fee. If you are a new Customer, your product selection will become effective on the day your service begins with Sperian, which is the next available meter reading date after processing of the request by the EDU and Sperian. Because this date is determined by your EDU, Sperian cannot commit to a specific date for the commencement of service. If you are currently a Sperian Customer and are switching to another Sperian product, your product selection will become effective within 24 hours of the request to switch to the new plan.
  2. Contract Renewal: This Agreement renews automatically. A contract-expiration notice will be sent to you at least forty-five (45) days but no more than ninety (90) days prior to the end of your initial contract term explaining your renewal options. If you do not cancel at the end of the initial contract term, Sperian can renew this Agreement without your affirmative consent even when there is a change in the rate or other terms and conditions.
  3. Pricing & Payment Terms: Each monthly payment period, you will receive a single bill from your EDU that includes Sperian generation supply charges as well as the EDU’s delivery charges. Your price during the initial term will be as stated in your Customer Enrollment Information Form (or “Welcome Letter”). If you have selected a variable rate plan, rates are subject to change monthly at the sole discretion of Sperian. Sperian evaluates factors such as wholesale energy prices, capacity, local congestion, transmission rates, ancillary charges, distribution loss factors, utility purchase of receivable factors, and renewable requirements in determining the monthly variable rate. The price in any plan includes only charges for retail electricity generation service. The price does not include any fixed charges specified in your plan, Distribution Charges and all other applicable charges from your EDU, a UBF of $4.93, nor any applicable Ohio sales tax, or any local tax. You are responsible for any and all taxes (whether passed through to you on EDU’s bill as a separate line item or as part of the price of electricity, as required by law, rule or regulation) and EDU charges for delivery, distribution or other services. Except as otherwise provided in this Agreement or as required by law, all taxes of whatsoever kind, nature and description, due and payable with respect to your performance of your obligations under this Agreement, will be paid by you. We do not offer a budget billing plan for the generation portion of the bill.

    Sperian reserves the option to modify any plan in the event of a Material Adverse Change. A Material Adverse Change is defined as a market or regulatory event beyond Sperian’s control, which would cause a material negative effect on Sperian’s ability to perform its obligations under this Agreement. In the case of a Material Adverse Change event, Sperian will comply with all applicable rules for notice in advance of any change. If you do not agree with the proposed revised terms due to the Material Adverse Change, you may cancel your term Agreement without penalty.

    Your payment will be due to the EDU by the date specified in the EDU bill. Except as otherwise provided in this Agreement or by law, all taxes of any kind, nature and description, due and payable with respect to Customer’s performance of its obligations under this Agreement, shall be paid by Customer. The parties’ obligations under this Agreement are subject to present and future legislation, orders, rules, or regulations of a duly constituted governmental authority having jurisdiction over this Agreement or the services to be provided herein.

  4. Access to Customer Information: Customer acknowledges that customer billing and payment information will be provided to Sperian from your EDU. This information includes, but is not limited to, Customer’s account number, meter reading data, rate class and electric usage, Customer’s address(es) and telephone number, and Customer’s budget billing plan or payment arrangement preference. Except in the case of credit or collections requirements, we will not disclose your information to any third party without your prior written authorization. You have the right to request from us up to twenty four (24) months of your historical payment data twice during any twelve (12) month period at no charge. Additional requests will be at $50 per request or the current EDU historical data charge at the time of the request, whichever is higher.
  5. Dispute Resolution: : In the event of a billing dispute or a disagreement involving any element of this Agreement, the parties will use their best efforts to resolve the dispute. Customer should contact the EDU regarding any billing dispute, and should contact Sperian in writing at 2605 Camino Del Rio S., San Diego, CA 92108 or by telephone at (888)682-8082 between the hours of 6:00 AM and 4:00 PM, Pacific Time.] for any terms of service dispute. If your complaint is not resolved after you have called Sperian and/or your EDU, or for general utility information, residential and business customers may contact the public utilities commission of Ohio (PUCO) for assistance at 1-800-686-7826 (toll free) from eight a.m. to five p.m. weekdays, or at http://www.puco.ohio.gov.The Ohio consumers’ council (“OCC”) represents residential utility customers in matters before the PUCO. The OCC can be contacted at 1-877-742-5622 from 8 a.m. to 5 p.m. weekdays or at http://www.pickocc.org.
  6. Right to Rescind: You have the right to rescind your enrollment and this Agreement with no penalty within seven (7) calendar days of the postmark of the EDU’s confirmation notice by contacting the EDU. Cancellations may be made orally, electronically, and in writing, using the information provided by the EDU.

  7. Cancellation: You agree to remain a Customer of Sperian until your term expires. In the case you choose to leave Sperian’s service while in a term Agreement and past the initial seven (7) day rescission period, you will be charged an early termination fee of $150 for a fixed rate plan, or $45 for a variable rate plan. You may terminate the Agreement without any termination fee or penalty within seven (7) calendar days of the postmark on EDU’s confirmation notice, when you move outside of the EDU service territory or in the event of a revision to our Agreement due to a Material Adverse Change event that you do not agree to. When you cancel services, you agree to pay for the services provided by Sperian through the date you are switched to another CRES or returned to the EDU for service. You are responsible for all charges incurred through the date on which cancellation is effected by the EDU and for any collection fees incurred by Sperian for non-payment of amounts due.

    If you fail to pay your EDU charges, you are subject to disconnection of service pursuant to their tariff. Sperian reserves the right to cancel this Agreement (i) if your EDU is unable to read your meter for three (3) consecutive months; (ii) if at any time you request separate bills from your EDU and Sperian Services; or (iii) if the EDU removes you from their consolidated billing program and requires that Sperian bill you separately for your electricity supply. We will notify both you and your EDU of the cancellation of this Agreement at least 14 days prior to the effective date of cancellation.

    Sperian may amend the terms of this Agreement at any time, to the extent not precluded by any applicable law, rule or regulation, by providing notice to Customer of such amendment at least forty five (45) days prior to the effective date thereof. Customer may cancel this Agreement with Sperian at any time prior to the effective date thereof, without penalty, in the event Sperian notifies you of a Material Adverse Change to the Terms of Service and you elect to opt out of the Agreement due to the Material Adverse Change.

    If you choose to return to the EDU default service, you may or may not be served under the same rates, terms, and conditions under which other customers of the utility are served.

  8. Governing Law: This Agreement shall be governed by and construed, enforced and performed in accordance with the laws of Ohio and venue shall be in Cuyahoga County, Ohio. The provisions of the Uniform Commercial Code (UCC) shall apply to this Agreement, and electricity shall be a "good" for purposes of the UCC.
  9. Assignment: You may not assign this Agreement, in whole or in part, or any of its rights or obligations hereunder without the prior written consent of Sperian. Sperian may, without your consent, (a) pledge or encumber this Agreement or the accounts, revenues or proceeds hereof; (b) transfer or assign this Agreement to an affiliate of Sperian or any person or entity succeeding to all or substantially all of the assets of Sperian; or any other person; so long as the forgoing is a PUCO-certified retail supplier. In the case of (b), any such assignee shall agree in writing to be bound by the terms and conditions hereof. Provided, Sperian shall provide written notice to Customer of any assignment to another CRES prior to issuance of Customer’s next bill following the assignment. Upon any such assignment, Customer agrees that Sperian shall have no further obligations hereunder.
  10. LIMITATIONS OF LIABILITY: LIABILITIES NOT EXCUSED BY REASON OF FORCE MAJEURE OR OTHERWISE SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES. EXCEPT AS SPECIFICALLY OTHERWISE SET FORTH HEREIN, 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 SPERIAN. THERE ARE NO THIRD-PARTY BENEFICIARIES TO THIS AGREEMENT.
  11. 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.
  12. No Warranties: Unless otherwise expressly set forth in this Agreement, Sperian provides and Customer receives no warranties, express or implied, statutory, or otherwise and Sperian specifically disclaims any warranty of merchantability or fitness for a particular purpose. Delay or Failure to Exercise Rights: No partial performance, delay or failure on the part of Sperian in exercising any rights under this Agreement and no partial or single exercise thereof shall constitute a waiver of such rights or of any other rights hereunder.
  13. Force Majeure: The term “Force Majeure” shall mean any cause not reasonably within the control of the Party suspending performance and which by the exercise of due diligence, such Party is unable to prevent or overcome, including but not limited to, any act or cause which is deemed a Force Majeure by the EDU or any transportation or transmitting entity. Provided, in no case shall force majeure excuse the obligation to pay money due when owed. 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 shall give immediate written notice, to the maximum extent practicable, to the other party. Such obligations or conditions, so far as they are affected by such Force Majeure, shall be suspended during the continuance of any inability so caused, and such party shall be relieved of liability and shall suffer no prejudice for failure to perform the same during the period. The party claiming suspension of obligations must in good faith attempt to mitigate and/or terminate the Force Majeure.
  14. Entire Agreement: This Agreement sets forth the entire agreement between the parties with respect to the terms and conditions of this transaction; any and all other agreements, understandings and representations by and between the parties with respect to the matters addressed herein are superseded by this Agreement.
  15. Acceptance: This Agreement shall not become effective until accepted by Sperian.

Contact Information

For questions concerning your rate, service initiation, or service cancellation, please contact Sperian Energy using the contact information below:

In the event of a power outage, please contact the PUCO or your local EDU using the contact information following:

Environmental Disclosure Information

Projected Data: 2012 Calendar Year

Generationl Document

Sperian Energy purchases renewable energy credits (RECs) to comply with the energy resource benchmark for the Ohio alternative energy portfolio standard requirements. The requirement for 2012 is 1.5% renewable, including .06% solar.

With an in-depth analysis, the environmental characteristics of any form of electric generation will reveal benefits as well as costs. For further information, contact Sperian Energy at www.sperianenergy.com or call us at 1-888-682-8082