Terms & Conditions of Use

(Spark Entities)

Last Updated:
02.13.2026
Effective Date:
03.11.2026

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY.

These Terms & Conditions of Use (“Terms & Conditions”) apply to the all the Entities listed on Attachment A (collectively, “Spark Entities”, “we”, “us” or “our”) and to all users and customers of this website, mobile applications, and all digital assets contained or offered therein (collectively, our “Services”)

These Terms & Conditions are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms. To the extent any translated versions of these Terms & Conditions conflict with the English language version, the English language version of these Terms & Conditions shall control.

General Conditions

Please carefully read these Terms & Conditions before using our Services. By using our Services, you agree to be bound by these Terms & Conditions, including the MANDATORY ARBITRATION AND CLASS ACTION WAIVER AGREEMENT described below, and by our Privacy Policy, which is incorporated by reference and forms part of these Terms & Conditions. If you do not agree, then you must not use our Services. If you violate these Terms & Conditions, we reserve the right to deny you access to our Services, together with any and all other legal remedies. The headings used herein are included for convenience only and will not limit or otherwise affect these Terms & Conditions.

Non-Exclusive, Non-Transferable License to Use Our Services

We grant you a limited, revocable, non-exclusive, non-transferable license to review and in some instances print content, from our Services (e.g., our website) for your personal and educational purposes as long as they do not violate any aspect of these Terms & Conditions or applicable law, including our intellectual property and other proprietary rights in and to the Services or the intellectual property rights of another party. We reserve the right to terminate or limit your access to our Services and/or the licenses granted herein for any reason (or no reason) and in our sole discretion. We reserve the right to, at any time, temporarily or permanently, modify or discontinue any features associated with the Services with or without notice and for any reason, including performing maintenance, repairs or upgrades. We will endeavor to provide notice before any scheduled upgrades. We (and our licensors) remain the sole owner of all rights, title, and interest in the Services. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.

Intellectual Property

All content, features, and functionality available through our Services, including but not limited to design, artwork, hyperlinks, text, videos, calendars, software, images, technical drawings, blog posts, podcasts, audio, images, art, code, configurations, graphics, other files, and their selection and arrangement (“Materials”) are either the proprietary property of us, our affiliates, or licensors and are protected by United States and international intellectual property and proprietary rights laws. We reserve any and all rights to the Materials. The Materials may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or in part without our prior written permission except you may download and print Materials for non-commercial uses that are not competitive with or derogatory to us, provided that you keep all copyright or other proprietary notices intact, do not alter such Materials, and do not further reproduce, publish or distribute such Materials. Please note that this limited consent may be revoked at any time by us and does not include consent to republish Materials on the Internet, or any Intranet or Extranet site, or to incorporate the Materials in any database or other compilation. Any other use of the Materials is strictly prohibited. You further agree that you will not systematically extract, collect or harvest through electronic means or otherwise, any data or data fields from our Services, including but not limited to customer identities or Personal Information (as defined in our Privacy Policy).

All registered and unregistered trademarks visible or accessible through our Services are trademarks of the Company, or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of the Company, or its owners. All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ours or our affiliates and may not be copied, imitated or used in whole or in part without prior written permission of us.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the Services or its related content: (a) for any unlawful or fraudulent purpose, including but not limited to, the use of fraudulent credit card information; (b) to solicit others to perform or participate in any unlawful or prohibited acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others or delete the copyright or other proprietary rights notice from any content; (e) to harass, abuse, insult, harm, defame, slander, annoy, disparage, intimidate, or discriminate based upon gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information or otherwise attempt to mislead or impersonate another; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of Services including our website (or related website, other websites, or the Internet) or Services; (h) to collect or track the personal information of others; (i) to send advertising or promotion materials, spam, phish, pharm, pretext, spider, crawl, scrape or facilitate the use of any malware or ransomware; (j) for any damaging, obscene or immoral purpose; (k) to interfere with or circumvent the security features of the website (or related website, other websites or the Internet) and/or Services, including those to prevent copying of content or that limit use; (l) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation; (m) systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; (n) make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses; (o) use a buying agent or purchasing agent to make purchases on the website; (p) use the Services to advertise or offer to sell goods and services; (q) engage in unauthorized framing of or linking to the Services; (r) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; (s) interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the Services; (t) sell or otherwise transfer your profile; (u) use the Services as part of any effort to compete with us or otherwise use the Services and/or the content for any revenue-generating endeavor or commercial enterprise; (v) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website; (w) copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code; (x) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, malicious code, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services; (y) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”); (z) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software; or (aa) in any way that may be deemed a breach or violation of any of our Terms & Conditions or Website. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

Children’s Information

Our Services, including our website and any mobile applications are intended only for users over the age of eighteen (18). We do not target our Services to minors, who are under thirteen (13) (or a higher age threshold where applicable). You agree that you are not under thirteen (13) years of age.

We do not intend to collect or process any information from anyone under the age of thirteen (13). If we become aware that a user is under thirteen (13) (or a higher age threshold where applicable) and has provided us with information, we will take steps to comply with any applicable legal requirement to remove such information. Contact us if you believe that we have mistakenly or unintentionally collected information from a person under the age of thirteen (13). See Section IX of our Privacy Policy for additional information about children’s privacy.

Accuracy, Completeness & Timeliness of Information

A. Errors, Inaccuracies, & Omissions.

Our Services, including our website and application, may contain typographical errors, inaccuracies, or omissions that may relate to Company offerings, rates, promotions, packages, programs, events, and materials. We do not warrant the accuracy, completeness or usefulness of this information. We disclaim all liability and responsibility placed on such information by you, or by anyone who may be informed of any of its contents.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders or programs if any information about the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order, request, submission, payment, form, etc.).

We do not take on any obligation to update, amend, or clarify information in the Services or on any related website, including without limitation, pricing, dates, availability, location, products, and services, except as required by law.

No specified update or refresh data applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.

B. Links to the Services.

You may not create a link to any page of our Services without our prior written consent. If you do create a link to a page of our Services, you do so at your own risk and the exclusions and limitations set out above will apply to your use of our Services by linking to it.

C. Links on the Services.

Our Services might include links to other websites, mobile applications, or social media platforms. We are not responsible for examining or evaluating the content or accuracy of any other website and do not warrant and will not have any liability or responsibility for any other party’s materials or websites or for any other materials, products, or services of other websites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any other party’s websites or other platforms. Please review carefully other party’s website’s policies and practices and make sure you understand them before you engage in any transaction. Claims, complaints, questions, or concerns regarding other parties should be directed to that party.

Our Services may contain direct links to other third-party websites or other third-party websites that are not affiliated with our Services may provide information about our Services, products, or offerings or directly link to our Services (collectively referred to as “Third-Party Websites”). These Third-Party Websites are not under our control and we are not responsible for the content posted on any Linked Site. To the extent we provide a link to a Third-Party Website or allow non-affiliated Third-Party Websites to link to our Services or post information about our Services, products or offerings, we do so only as a convenience and such relationship not imply endorsement by us of the Third-Party Website or any association with its operators. We will make commercially reasonably efforts to ensure that information provided on Third-Party Websites for which we are aware is accurate and timely, but cannot guarantee the timelines or accuracy of any content about our Services, products or offerings that is made available on Third-Party Websites. YOU AGREE THAT WE ARE NOT LIABLE, UNDER ANY CIRCUMSTANCE, DIRECTLY OR INDIRECTLY FOR ANY INFORMATION, RESOURCES, RATE, AND/OR CONTENT AVAILABLE ON OR THROUGH ANY LINKED WEBSITE AND/OR THIRD-PARTY WEBSITE AND/OR THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY LINKED SITE OR THIRD-PARTY WEBSITE.

Warranty Disclaimer

OUR SERVICES, AND THE INFORMATION ON OR AVAILABLE THROUGH OUR SERVICES, IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICES, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THEM AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL REPRESENTATIONS AND WARRANTIES RELATING TO OUR SERVICES, OR RELATED CONTENT, FOR WHICH IS OR MAY BE PROVIDED BY ANY AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING IN RELATION TO ANY INACCURACIES OR OMISSIONS IN OUR SERVICES AND/OR OUR LITERATURE.

IN NO CASE SHALL WE, OUR EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE ARISING FROM YOUR USE OF THE SERVICES OR IN ANY WAY RELATED TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE. IN ANY EVENT, THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND OUR SERVICE PROVIDERS UNDER THESE TERMS & CONDITIONS SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00).

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Mandatory Arbitration and Class Action Waiver Agreement – Important – Please Review as This Affects Your Legal Rights

Scope of the Arbitration Agreement.

Any dispute or claim arising from or related to our Services, these Terms & Conditions, and/or the Privacy Policy (“Dispute”) shall be resolved by one arbitrator through binding arbitration using the process explained below. The parties understand and agree that they are waiving their rights to sue or go to court to assert or defend their rights. However, either party may bring an individual claim in small claims court consistent with the jurisdictional and dollar amount limitations that may apply, so long as maintained as an individual claim. The term “Dispute” refers to any dispute, action, claim, or other controversy between us, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis.

Informal Dispute Resolution.

Either party asserting a Dispute shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Notice shall be made by first class or registered mail (1) to Legal Department at 12140 Wickchester Lane, Suite 100, Houston, TX 77079 or (2) to you at the postal address on file with us. Both you and Company agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.

How Arbitration Works.

Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”), under the AAA Commercial or Consumer rules, as applicable, in effect at the time the Claim is filed (“AAA Rules”). For information on how to file a claim, copies of the AAA Rules and forms can be located at www.adr.org, or by calling 1-800-778-7879. Arbitration shall take place in the county of your residence, as determined by your mailing address on file with us. We agree to pay or reimburse all costs associated with any arbitration between the parties, including filing fees and arbitrator fees, and agree to waive any right to recover an award of attorneys’ fees and costs against you. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction.

Arbitration Fees and Costs.

Each party will bear its own attorneys’ fees unless an applicable law or the arbitration rules provide otherwise. If you initiate arbitration, the Company will pay the consumer filing fee up to the amount you would have paid to file an individual action in court, and the Company will pay the arbitrator’s fees and administrative costs as required by the AAA Consumer Arbitration Rules, unless the arbitrator determines your claim is frivolous. The arbitrator may award any relief available in court under applicable law, subject to these Terms & Conditions.

Right to Opt Out of Arbitration.

You may opt out of this Arbitration Agreement by sending written notice within thirty (30) days of first accepting these Terms & Conditions. Your notice must include your name, mailing address, phone number, and a clear statement that you wish to opt out of the Arbitration Agreement. Send opt-out notices to: Spark Energy, LLC, 12140 Wickchester Lane, Suite 100, Houston, TX 77079, Attn: Legal Department – Arbitration Opt-Out.

Mass Arbitration.

If twenty-five (25) or more similar arbitration demands are filed against the Company by or with the assistance of the same law firm or group of law firms, and the claims share common issues of law or fact, the parties agree to resolve the demands in batches of no more than fifty (50) claimants per batch, proceeding in the order filed. The arbitrator(s) may use bellwether proceedings to facilitate resolution. Any applicable statute of limitations will be tolled for the demands while the batch process is ongoing.

Emergency and Injunctive Relief.

Notwithstanding this Arbitration Agreement, either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to prevent irreparable harm, including to protect intellectual property rights, confidential information, or to prevent unauthorized access to or misuse of the Services, without waiving the right to arbitrate all other Disputes.

IMPORTANT: Waiver of Right to Bring Class Action & Representative Claims.

All Disputes, whether resolved informally, in small claims court, or through arbitration, shall be brought on an individual basis. Disputes must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum, and the arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any entity or person not a party to the arbitration. Any claim that all or part of this Class Action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.

Governing Law.

This Arbitration Agreement shall be governed by the Federal Arbitration Act and interpreting federal law. To the extent state law applies to any aspect of this provision or the Claim, the law of your residence, as determined by your mailing address on file with us, shall apply. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or of the arbitrator’s award; any such suit may be brought only in the federal court encompassing the county where the arbitration took place, or if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of this Arbitration Agreement including any claim that all or any part of the Arbitration Agreement is void or voidable. However, the preceding sentence shall not apply to the clause above entitled “Waiver of Right to Bring Class Action & Representative Claims.” If any provision relating to intellectual property, confidentiality, prohibited uses, or security is found invalid or unenforceable, the provision will be reformed to the maximum extent permissible to effect the parties’ intent, and the remaining provisions will remain in full force and effect.

Claims and Disputes Must be Filed Within Two Years.

To the extent permitted by law, any cause of action or claim you may have with respect to your use of the Services, including without limitation any website or mobile application or other Services-related product, services, or other content, must be commenced within two (2) years after the claim or cause of action arises. If applicable law prohibits a shorter limitations period for a particular claim, the applicable statute of limitations will apply. This section applies to you and your heirs, successors and assigns.

Severability

To the extent that any provision of these Terms & Conditions is deemed to be unlawful, void, or unenforceable, including the binding arbitration clause and class action waiver, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

These Terms & Conditions are effective until terminated. We may terminate or suspend your access to the Services at any time, with or without notice, including if we believe you have violated these Terms & Conditions or applicable law. Termination of your access to the Services does not necessarily terminate any separate energy supply, enrollment, or customer agreement you may have with one of the Spark Entities, which is governed by its own terms and applicable law. Upon termination, your right to use the Services will immediately cease.

Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold harmless us and our affiliates, and each of our and their respective officers, directors, employees, agents, contractors, licensors, and service providers (each, an “Indemnified Party”), from and against any third-party claim, demand, action, or proceeding, and any related losses, liabilities, damages, judgments, penalties, and reasonable attorneys’ fees, arising out of or relating to: (a) your breach of these Terms & Conditions (including any document incorporated by reference); (b) your violation of applicable law; or (c) your infringement or misappropriation of any intellectual property or other rights of any person or entity. We may assume the exclusive defense and control of any matter subject to indemnification by you (at our option), and you agree to cooperate with our defense. You will not settle any claim in a manner that imposes any obligation or admission on any Indemnified Party without our prior written consent.

No Third-Party Beneficiaries

There are no third-party beneficiaries to the Terms & Conditions. We shall have the right to assign our rights or delegate any of its responsibilities under these Terms & Conditions to an affiliate or in connection with a merger, consolidation, or reorganization for the sale of substantially all of our assets.

Changes to These Terms & Conditions

We reserve the right to change, modify, or amend these Terms & Conditions at any time to reflect changes in our practices and service offerings. If we make changes, we will update the “Last Updated” date above. Unless otherwise stated, changes are effective when posted. For existing customers, material changes will be effective thirty (30) days after we provide notice (for example, by email, account message, or a notice within the Services). Your continued use of the Services after the effective date of any changes constitutes acceptance of the updated Terms & Conditions. These Terms & Conditions may also be modified by a written agreement signed by you and us.

Electronic Communications; E-Sign Consent; Telephone and Text Message Consent

To the fullest extent permitted by law, you consent to the use of electronic signatures and records, and to the electronic delivery of notices, disclosures, and other communications. You agree that your electronic acceptance of these Terms & Conditions (including by clicking “I Agree,” creating an account, submitting an enrollment, or otherwise using the Services) has the same legal effect as an original handwritten signature. You may request paper copies of certain disclosures where required by law by contacting us as described below; we may charge a reasonable fee to the extent permitted by law.

Electronic communications. By accessing or using the Services, you consent to receive communications from us electronically (for example, by email, in-product notifications, or by posting notices within the Services).

Telephone and text message consent. By providing a telephone number to us (including when creating an account, requesting information, submitting a form, or enrolling for services), you represent that you are the authorized user of the number and you give Spark Energy, LLC and the Spark Entities (and each of their respective affiliates, agents, contractors, and service providers) your prior express consent (and where required, prior express written consent) to contact you at that number for account-related and customer-service purposes (including identity verification, billing and collections, service updates, outage and safety notices, and similar transactional purposes) and, where you have opted in or otherwise provided the level of consent required by applicable law, for marketing and promotional purposes. These contacts may include calls, text messages, and prerecorded/artificial voice messages, and may be made using automated technology.

Not a condition of purchase. Your consent to receive marketing calls or texts is not required as a condition of purchasing any goods or services.

Opt out and revocation. You may opt out of marketing text messages at any time by replying “STOP” to any marketing text message (you may receive a single confirmation text). You may request help by replying “HELP.” You may also revoke consent for marketing calls or texts by contacting us using the information below. Revocation may not apply to certain transactional or legally required communications. Please allow a reasonable time for us to process your request.

Message terms. Message and data rates may apply. Message frequency varies. Wireless carriers are not liable for delayed or undelivered messages. If your number changes, you agree to promptly notify us.

Force Majeure

We will not be liable for any failure or delay in performance, or any interruption of the Services, to the extent caused by circumstances beyond our reasonable control, including acts of God, natural disasters, severe weather, terrorism, war, civil unrest, labor disputes, pandemic, utility or grid failures, telecommunications failures, cyberattacks, governmental actions, or other events of a similar nature.

Governing Law

Except as otherwise provided in the Arbitration Agreement, these Terms & Conditions and any Dispute will be governed by the laws of the State of Texas, without regard to its conflict of law principles.

Survival

The provisions of these Terms & Conditions that by their nature should survive termination will survive, including without limitation: Intellectual Property; Prohibited Uses; Warranty Disclaimer; Limitation of Liability; Indemnification; Dispute Resolution and Arbitration; and any other provisions intended to survive.

Accessibility

We are committed to providing accessible digital Services for all users. We strive to conform our digital Services to generally recognized accessibility standards, including the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, and we continually work to improve the user experience for everyone.

If you experience any accessibility barriers or need information in an alternative format, please see the “How to Contact Us” section on our Accessibility Statement. When contacting us, please describe the issue, the web page or feature where it occurred, and the device and browser (or assistive technology) you are using so we can respond more effectively.

Some content or functionality may be provided by third parties not under our control, and we may not be able to remediate all such third-party content. We will, however, work with you to provide reasonable assistance where practicable.

Our separate Accessibility Statement (available on our website) provides additional information and may be updated from time to time.

How to Contact Us

If you have any questions about these Terms & Conditions, please contact us using the information provided as per the applicable entity:

Electricity Maine, LLC
Email: privacy@providerpower.com
Phone: 866-573-2674
Mail: Spark Energy, LLC, 12140 Wickchester Lane, Ste. 100, Houston, TX 77079, Attn: Privacy Leader
Electricity N.H., LLC
Email: privacy@providerpower.com
Phone: 800-549-6160
Mail: Spark Energy, LLC, 12140 Wickchester Lane, Ste. 100, Houston, TX 77079, Attn: Privacy Leader
Major Energy Electric Services, LLC
Email: privacy@majorenergy.com
Phone: 888-625-6760
Mail: Spark Energy, LLC, 12140 Wickchester Lane, Ste. 100, Houston, TX 77079, Attn: Privacy Leader
Major Energy Services, LLC
Email: privacy@majorenergy.com
Phone: 888-625-6760
Mail: Spark Energy, LLC, 12140 Wickchester Lane, Ste. 100, Houston, TX 77079, Attn: Privacy Leader
Provider Power Mass, LLC
Email: privacy@providerpower.com
Phone: 888-386-4080
Mail: Spark Energy, LLC, 12140 Wickchester Lane, Ste. 100, Houston, TX 77079, Attn: Privacy Leader
Respond Power, LLC
Email: privacy@majorenergy.com
Phone: 888-625-6760
Mail: Spark Energy, LLC, 12140 Wickchester Lane, Ste. 100, Houston, TX 77079, Attn: Privacy Leader
Spark Energy Gas, LLC
Email: privacy@sparkenergy.com
Phone: 877-547-7275
Mail: Spark Energy, LLC, 12140 Wickchester Lane, Ste. 100, Houston, TX 77079, Attn: Privacy Leader
Spark Energy, LLC
Email: privacy@sparkenergy.com
Phone: 877-547-7275
Mail: Spark Energy, LLC, 12140 Wickchester Lane, Ste. 100, Houston, TX 77079, Attn: Privacy Leader
Spark HoldCo, LLC
Email: privacy@sparkenergy.com
Phone: 877-547-7275
Mail: Spark Energy, LLC, 12140 Wickchester Lane, Ste. 100, Houston, TX 77079, Attn: Privacy Leader
Texans Choice Power, LLC
Email: privacy@texanschoicepower.com
Phone: 833-488-6328
Mail: Spark Energy, LLC, 12140 Wickchester Lane, Ste. 100, Houston, TX 77079, Attn: Privacy Leader
Verde Energy Solutions, LLC
Email: privacy@verdeenergy.com
Phone: 800-388-3862
Mail: Spark Energy, LLC, 12140 Wickchester Lane, Ste. 100, Houston, TX 77079, Attn: Privacy Leader
Verde Energy USA Commodities, LLC
Email: privacy@verdeenergy.com
Phone: 800-388-3862
Mail: Spark Energy, LLC, 12140 Wickchester Lane, Ste. 100, Houston, TX 77079, Attn: Privacy Leader
Verde Energy USA CA, LLC
Email: privacy@verdeenergy.com
Phone: 800-388-3862
Mail: Spark Energy, LLC, 12140 Wickchester Lane, Ste. 100, Houston, TX 77079, Attn: Privacy Leader
Verde Energy USA Connecticut, LLC
Email: privacy@verdeenergy.com
Phone: 800-388-3862
Mail: Spark Energy, LLC, 12140 Wickchester Lane, Ste. 100, Houston, TX 77079, Attn: Privacy Leader
Verde Energy USA DC, LLC
Email: privacy@verdeenergy.com
Phone: 800-388-3862
Mail: Spark Energy, LLC, 12140 Wickchester Lane, Ste. 100, Houston, TX 77079, Attn: Privacy Leader
Verde Energy USA Illinois, LLC
Email: privacy@verdeenergy.com
Phone: 800-388-3862
Mail: Spark Energy, LLC, 12140 Wickchester Lane, Ste. 100, Houston, TX 77079, Attn: Privacy Leader
Verde Energy USA Maryland, LLC
Email: privacy@verdeenergy.com
Phone: 800-388-3862
Mail: Spark Energy, LLC, 12140 Wickchester Lane, Ste. 100, Houston, TX 77079, Attn: Privacy Leader
Verde Energy USA Massachusetts, LLC
Email: privacy@verdeenergy.com
Phone: 800-388-3862
Mail: Spark Energy, LLC, 12140 Wickchester Lane, Ste. 100, Houston, TX 77079, Attn: Privacy Leader
Verde Energy USA New Jersey, LLC
Email: privacy@verdeenergy.com
Phone: 800-388-3862
Mail: Spark Energy, LLC, 12140 Wickchester Lane, Ste. 100, Houston, TX 77079, Attn: Privacy Leader
Verde Energy USA New York, LLC
Email: privacy@verdeenergy.com
Phone: 800-388-3862
Mail: Spark Energy, LLC, 12140 Wickchester Lane, Ste. 100, Houston, TX 77079, Attn: Privacy Leader
Verde Energy USA Ohio, LLC
Email: privacy@verdeenergy.com
Phone: 800-388-3862
Mail: Spark Energy, LLC, 12140 Wickchester Lane, Ste. 100, Houston, TX 77079, Attn: Privacy Leader
Verde Energy USA Pennsylvania, LLC
Email: privacy@verdeenergy.com
Phone: 800-388-3862
Mail: Spark Energy, LLC, 12140 Wickchester Lane, Ste. 100, Houston, TX 77079, Attn: Privacy Leader
Verde Energy USA Texas Holdings, LLC
Email: privacy@verdeenergy.com
Phone: 800-388-3862
Mail: Spark Energy, LLC, 12140 Wickchester Lane, Ste. 100, Houston, TX 77079, Attn: Privacy Leader
Verde Energy USA Texas, LLC
Email: privacy@verdeenergy.com
Phone: 800-388-3862
Mail: Spark Energy, LLC, 12140 Wickchester Lane, Ste. 100, Houston, TX 77079, Attn: Privacy Leader
Verde Energy USA Trading, LLC
Email: privacy@verdeenergy.com
Phone: 800-388-3862
Mail: Spark Energy, LLC, 12140 Wickchester Lane, Ste. 100, Houston, TX 77079, Attn: Privacy Leader
Verde Energy USA, Inc.
Email: privacy@verdeenergy.com
Phone: 800-388-3862
Mail: Spark Energy, LLC, 12140 Wickchester Lane, Ste. 100, Houston, TX 77079, Attn: Privacy Leader
Via Energy Solutions, LLC
Email: privacy@viaenergysolutions.com
Mail: Spark Energy, LLC, 12140 Wickchester Lane, Ste. 100, Houston, TX 77079, Attn: Privacy Leader
Via Renewables, Inc. (f/k/a Spark Energy, Inc)
Email: privacy@viarenewables.com
Mail: Spark Energy, LLC, 12140 Wickchester Lane, Ste. 100, Houston, TX 77079, Attn: Privacy Leader
Via Wireless, LLC
Email: privacy@viawireless.com
Mail: Spark Energy, LLC, 12140 Wickchester Lane, Ste. 100, Houston, TX 77079, Attn: Privacy Leader

Attachment A – Spark Entities

  • Censtar Company, LLC DBA Censtar Energy
  • Censtar Energy Corp (New York)
  • Censtar Operating Company, LLC
  • Electricity Maine, LLC
  • Electricity N.H., LLC
  • Hiko Energy, LLC
  • Major Energy Electric Services, LLC
  • Major Energy Services, LLC
  • Oasis Power Holdings, LLC
  • Oasis Power, LLC
  • Perigee Energy, LLC
  • Provider Power Mass, LLC
  • Respond Power, LLC
  • Spark Energy Gas, LLC
  • Spark Energy, LLC
  • Spark HoldCo, LLC
  • Texans Choice Power, LLC
  • Verde Energy Solutions, LLC
  • Verde Energy USA CA, LLC
  • Verde Energy USA Commodities, LLC
  • Verde Energy USA Connecticut, LLC
  • Verde Energy USA DC, LLC
  • Verde Energy USA Illinois, LLC
  • Verde Energy USA Maryland, LLC
  • Verde Energy USA Massachusetts, LLC
  • Verde Energy USA New Jersey, LLC
  • Verde Energy USA New York, LLC
  • Verde Energy USA Ohio, LLC
  • Verde Energy USA Pennsylvania, LLC
  • Verde Energy USA Texas Holdings, LLC
  • Verde Energy USA Texas, LLC
  • Verde Energy USA Trading, LLC
  • Verde Energy USA, Inc.
  • Via Energy Solutions, LLC
  • Via Renewables, Inc. (f/k/a Spark Energy, Inc)
  • Via Wireless, LLC

Residential and Small Commercial Customers

Provider Power Mass, LLC
Terms of Service
(Version No. 5)
Last Updated: 4/29/2019

Purchase of Electric Generation Service

Provider Power Mass agrees to sell and you agree to buy, your full requirements for electric generation service (measured in kilowatt hours) at the price and on the terms and conditions specified in this agreement (the “Supply Contract”) throughout the term of this Supply Contract. The purchase and sale of energy hereunder shall commence at 00:00:01 EST on the first day that Provider Power Mass provides physical delivery to your facilities and shall end at 24:00:00 EST on the last day of the term.

  1. PRICE STRUCTURES: For greater clarity, all rates shown on our website and promotional materials have been rounded to the nearest hundredth of a cent. You will be billed at the fixed rate in cents per kilowatt hour set forth in your Confirmation Letter for your actual consumption of electricity. This Supply Contract expressly incorporates by reference your Confirmation Letter and any new Confirmation Letter upon renewal issued in accordance with this Supply Contract. The Price Structures do not include any applicable taxes. In addition, you are responsible for paying your local utility distribution and transmission charges as well as any other applicable charges. Choosing Provider Power Mass as your electricity supplier does not guarantee savings when compared to other Competitive Suppliers or the current Default Generation Service.
  2. DURATION & KIND OF CONTRACT: This Supply Contract is a contract for your supply of electric generation service. The term of this Supply Contract is set forth in your Confirmation Letter. The email address that you provided us at the time of enrollment will be the primary method of contacting you for notices, renewals and disclosure information about your account. For new customers, service shall commence on the next meter read date after the Utility processes your enrollment with Provider Power Mass. Service commencement lead-time may vary depending on utility enrollment requirements, your specific meter-reading schedule, time-of-year pricing, and market conditions. For renewal customers, service shall continue uninterrupted. This Supply Contract will renew automatically until terminated by you or Provider Power Mass per the Terminations Provisions set forth below. No later than thirty (30) calendar days prior to the end of the term of service of your Supply Contract, Provider Power Mass will email you a new Confirmation Letter for the renewal period, which notifies you of the existence and operation of this automatic renewal provision and which sets forth the electricity price and term that will apply to the renewal period. You will have ten (10) days from receipt of a new Confirmation Letter to decline the auto renewal notice and terminate the Supply Contract effective at the end of the then-current term. If you do not notify Provider Power Mass within ten (10) days of such intent to decline the auto renewal notice then the auto renewal period shall be in effect and through the term stated in the renewal Confirmation Letter.
  3. CONTRACT TERMINATION: Provider Power Mass may terminate this Supply Contract in the event of default as set forth in Section 4 below. Provider Power Mass may terminate this Supply Contract for any other reason upon not less than thirty (30) days written notice to you, with such termination to be effective at the end of the current Supply Contract. You may terminate this Supply Contract by written notice to Provider Power Mass delivered no later than ten (10) days from your receipt of a renewal Confirmation Letter from Provider Power Mass, with such termination to be effective at the end of the current Supply Contract. Upon termination, service will be discontinued on the next utility meter read date for your account that is at least thirty (30) days after receipt of the notice of termination. If you terminate the Supply Contract prior to the end of the term in effect, you may be subject to a “Cost Recovery Fee” outlined below in Section 4.
  4. CHARGES, FEES & PENALTIES:You will be charged for electric generation service supplied at the contract price set forth in your Confirmation Letter. Subject to the pass-through provisions below, no additional fees will be assessed to you by Provider Power Mass unless you choose to cancel this Supply Contract prior to its renewal date. You understand and agree that in order for Provider Power Mass to offer and fulfill its fixed rate obligation to you, it has to purchase electric power in advance of usage in amounts needed to cover the full term of this Supply Contract. If you cancel this Supply Contract early, you will be responsible for paying a “Cost Recovery Fee” of $100.00 and any cost associated with the cost of selling the unused portion of your electricity to others as well as estimated lost revenue that Provider Power Mass may incur from such a sale. In the event you default in your payment or other obligations under this Supply Contract, Provider Power Mass has the right to cancel this Supply Contract upon forty-eight (48) days written notice for non-payment, and upon thirty (30) days written notice for reasons other than non-payment. Provider Power Mass reserves the right to charge interest on any outstanding balances more than thirty (30) days overdue at the Utility’s maximum allowed default interest rate. You are responsible for settlement of any balances for generation service, late payment or interest charges owed to your Utility as per paragraph 3 of this Supply Contract. In the event there is a change (including a change in interpretation) in law, regulation, rule, ordinance, order, directive, filed tariff, decision, writ, judgment or decree by a governmental authority (including the Massachusetts DPU or ISO-NE), including, without limitation, changes in Utility tariffs and ISO-NE rules, including those changes affecting fees, costs, or charges imposed by ISO-NE or the Massachusetts DPU, including winter reliability charges; changes in market rules, changes in load profiles or changes in nodal and zonal definitions, and such change results in Provider Power Mass incurring additional costs and expenses in providing your electricity service, these additional costs and expenses shall be your responsibility and they will be assessed in your monthly bill as a pass-through charge.  We may charge you up to $25 for any returned check.
  5. BILL PAYMENT: The cost of your electric generation service will be included on your bill from the Utility, and is due and payable when your Utility bill is due and payable. You agree to accept the measurements as determined by the Utility for purposes of accounting for the electric power supplied under this Supply contract. You will be billed additional charges by the Utility, including charges to transmit and distribute the electricity to you, consistent with the Utility’s filed tariffs. Provider Power Mass reserves the right to change billing methods.

When the Utility issues you a bill that includes charges for electric generation service supplied by Provider Power Mass, all invoiced balances not paid in full by the due date are subject to the Utility’s late payment policies and procedures, including assessment by the Utility of late payment fees and interest. IN THE EVENT YOU DEFAULT ON YOUR PAYMENT, OR IF YOU FAIL TO PAY, IN FULL, ALL CHARGES FOR ELECTRICITY GENERATION SERVICES OR OTHER OBLIGATIONS UNDER THIS SUPPLY CONTRACT, PROVIDER POWER MASS HAS THE RIGHT TO CANCEL THIS SUPPLY CONTRACT AND YOU WILL AUTOMATICALLY BE TRANSFERRED TO THE UTILITY’S DEFAULT GENERATION SERVICE RATE PLAN.

POWER MASS ALSO HAS THE RIGHT TO CANCEL THIS SUPPLY CONTRACT FOR REASONS OTHER THAN NON-PAYMENT AS MAY BE REQUIRED BY 220 CMR 11.05(3)(C), WITH THIRTY (30) DAYS NOTICE, AT WHICH TIME YOU WILL AUTOMATICALLY BE TRANSFERRED TO THE UTILITY’S DEFAULT GENERATION SERVICE RATE PLAN. You will remain responsible for balances owed to Provider Power Mass for generation service and Provider Power Mass’s actual out-of-pocket expenses incurred in enforcing its rights under this Supply Contract, including reasonable attorney fees and actual court costs. If at any time you enter into a payment plan with the Utility while you have an outstanding balance owed to Provider Power Mass, you must notify Provider Power Mass within fifteen (15) days. Outstanding balances owed to Provider Power Mass may not be accounted for by the Utility payment plan, may appear as a separate balance on your bill, and will remain your responsibility. I agree to allow the utility to share my payment information for the purpose of consolidated billing.

  1. CREDIT REPORTING: When you first apply for service and during the term of the Supply Contract with Provider Power Mass we may contact a credit reporting agency to obtain your utility credit history and credit score. Once enrolled, Provider Power Mass reserves the right to report your payment history to a credit reporting agency.
  2. CUSTOMER DEPOSITS: Provider Power Mass does not require a customer deposit to enroll.
  3. WARRANTY DISCLAIMER; DAMAGES; FORCE MAJEURE: ALL ELECTRIC GENERATION SERVICE IS PROVIDED BY PROVIDER POWER MASS ON AN “AS IS” BASIS. PROVIDER POWER MASS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE ELECTRIC GENERATION SERVICE PROVIDED THEREBY. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDER POWER MASS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE WITH RESPECT TO THE ELECTRIC GENERATION SERVICE PROVIDED THEREBY.

You agree that Provider Power Mass shall not be liable for any damages or claims for matters within the control of the Utility or the ISO-New England controlled electricity grid, which include maintenance of electric lines and systems, service interruptions, loss or termination of service, deterioration of electric services, meter readings or injury to persons or damage to property caused by the delivery or supply of electricity. Provider Power Mass shall not be responsible for any failure to commence or terminate electric generation service on the date specified due to any failure or delay in enrolling you with the Utility. PROVIDER POWER MASS’S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY, WHICH WILL NOT EXCEED THE AMOUNT OF YOUR SINGLE LARGEST MONTHLY INVOICE DURING THE PRECEDING 12 MONTHS. IN NO EVENT SHALL PROVIDER POWER MASS BE LIABLE FOR ANY PUNITIVE, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, INDIRECT, THIRD-PARTY CLAIMS OR OTHER DAMAGES WHETHER BASED ON CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, OR FOR LOST PROFITS ARISING FROM ANY BREACH OR NONPERFORMANCE OF THIS SUPPLY CONTRACT. PROVIDER POWER MASS WILL MAKE COMMERCIALLY REASONABLE EFFORTS TO SUPPLY ELECTRICITY BUT DOES NOT GUARANTEE A CONTINUOUS SUPPLY OF ELECTRICITY. Customer acknowledges that certain causes and events outside of Provider Power Mass’s control (Force Majeure events) may result in interruptions in service and Provider Power Mass shall not be liable for any such interruptions. Provider Power Mass does not generate electricity nor does it transmit or distribute electricity. Therefore, Customer agrees that Provider Power Mass shall not be liable for damages caused by electricity or Force Majeure events, including acts of God, acts of any governmental authority, acts of terrorists or enemies of the state, accidents, strikes or lock outs, labor troubles, required maintenance work, inability to access the Utility’s system, non-performance by the Utility, or any cause beyond Provider Power Mass’s control.

  1. ESTIMATE BILLS: In the event the Utility is unable to read your electric meter, the Utility will estimate your usage and your charges will be calculated accordingly and adjusted on a future bill. Provider Power Mass reserves the right to use third party billing services in performance of the terms and conditions specified in this Supply Contract.
  2. DISCLOSURE OF RISKS & COSTS ASSOCIATED WITH REAL-TIME OR INDEXED ELECTRICITY PRODUCTS: Massachusetts regulations require that electricity suppliers, brokers and aggregators provide disclosures to customers regarding electricity products in which the prices paid by consumers vary with changes in wholesale electricity prices, other energy prices, or an energy price index.

Volatility Risk: Electricity prices may be subject to substantial volatility based on economic conditions, fuel prices, seasonal electricity demands, generator outages, weather and other factors.

Future Performance: Past results regarding particular electricity products are not necessarily an indication of future results.

As set forth in your Confirmation Letter, if average prices vary by time of use, including seasonal prices, then your average electricity price will vary according to when and how much electricity you use. If average prices vary only by volume of sales, including prices that have a fixed charge and a flat energy charge, your average generation price will vary according to how much electricity you use. See your most recent bill for your monthly use and your Confirmation Letter for actual prices.

  1. RIGHT TO RESCIND: YOU HAVE A RIGHT TO RESCIND THIS CONTRACT FOR ELECTRICTY SUPPLY WITHOUT PENALTY AND WITHOUT PAYING AN EARLY CANCELLATION FEE OR ANY OTHER FEES, BY NOTIFYING PROVIDER POWER MASS PRIOR TO MIDNIGHT ON THE THIRD BUSINESS DAY FOLLOWING YOUR RECEIPT OF A COPY OF THESE TERMS OF SERVICE AND THE CONFIRMATION LETTER. IN ORDER TO EXERCISE YOUR RIGHT TO RESCIND THIS CONTRACT, YOU MUST CONTACT US BY ONE OF THE FOLLOWING THREE MEANS:

 

    1. By telephone at: 1-888-386-4080,

 

    1. By mailing us a written notice to rescind at: Provider Power Mass, LLC, 12140 Wickchester Ln, Ste 100, Houston, TX 77079; or

 

    1. By Email through customerservice@providerpowermass.com

 

  1. QUESTIONS & COMPLAINTS:  If you have a question or complaint about your electricity supply, you can contact Provider Power Mass by phone, toll-free by calling 1-888-386-4080 during the following hours: Monday through Friday, 8:00 a.m. to 5:00 p.m. You can also contact us through our website at www.providerpowermass.com.
  2. DEFAULT GENERATION SERVICE:  All retail electricity customers in Massachusetts are entitled to purchase their electricity supply from a competitive supplier or through default generation service. Default generation service is provided automatically to customers who do not sign a contract with a supplier for their electricity supply.
  3. CHANGES IN TERMS OF SERVICE:  In the event of any material changes in these Terms of Service, we will notify you in writing by your email address on record no later than thirty (30) calendar days in advance of such material change.
  4. ASSIGNMENT: This contract may be assigned or transferred by Provider Power Mass without your consent with thirty (30) days prior written notice to your e-mail address on record. You may not assign this contract, in whole or part, or any of your rights or obligations hereunder, without prior written consent from Provider Power Mass. Nothing in this contract shall create, or be construed to create, any express or implied rights in any person or entity other than Provider Power Mass and Customer.
  5. DO-NOT-CALL LIST: The Federal Trade Commission maintains a national Do Not Call List. You may be able to place your home or cell phone number on this list to stop unwanted telemarketing calls from businesses with which you do not have an established business relationship. You can register online at www.donotcall.gov, or by telephone at 1-888-382-1222. For TTY, call 1-866-290-4236.
  6. CONSUMER PROTECTION RIGHTS:  If you have a question or complaint about your electricity supply, you should first contact Provider Power Mass at the contact information in Section 12 above. If you are unable to resolve your concern or complaint with Provider Power Mass, or if you have any other questions regarding your consumer protection rights, you may contact the Massachusetts Department of Public Utilities Consumer Division at 1-877-886-5066, Monday through Friday, 8:45 a.m. to 4:45 p.m., or by writing to the DPU at:

Massachusetts Department of Public Utilities
Consumer Division
One South Station
Suite 2
Boston, MA 02110

  1. NET METERING:  If your account is subject to Net Metering under 220 CMR 18.00, it requires an additional contract to be signed with Provider Power Mass to cover specific payment arrangements for excess payment of power purchased over historical account usages at the time of enrollment. In addition to these terms, an ACH agreement for automatic drafting of these amounts will be required. This additional agreement must be signed prior to enrollment of this account. Failure to sign this agreement may result in immediate return to default generation service of your account. Please call Provider Power Mass at1-888-386-4080 to set up this arrangement.
  2. METER USAGE INFORMATION: Provider Power Mass has authority to act as your agent to obtain Advanced Metering Information (AMI) and historical and future electricity usage, meter readings, and characteristics of electrical service from your Utility’s account as part of this Supply Contract.
  3. INSOLVENCY:You acknowledge and agree that this Supply Contract and the transaction(s) under this Supply Contract constitute a “forward contract” within the meaning of the United States Bankruptcy Code. To the fullest extent possible, you agree to waive the provisions afforded by Section 366 of the United States Bankruptcy Code and acknowledge that for purposes of this application of principles afforded “forward contracts” the provisions of Section 366 shall not apply to you or this Supply Contract.
  4. LOW-INCOME ELIGIBILITY: Qualifying residential customers may receive a discount on their Utility’s distribution charges. Contact your Utility to learn more about eligibility and to obtain an application. These distribution charges are not part of this Supply Contract and any low-income rate eligibility is governed exclusively between you and your Utility.
  5. MANDATORY ARBITRATION.Any claim, dispute or controversy, regarding any contract, tort, statute, or otherwise (“Claim”), arising out of or relating to this Agreement or the relationships among the parties hereto shall be resolved by one arbitrator through binding arbitration administered by the American Arbitration Association (“AAA”), under the AAA Commercial or Consumer rules, as applicable, in effect at the time the Claim is filed (“AAA Rules”). Copies of the AAA Rules and forms can be located at www.adr.org, or by calling 1-800-778-7879. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction. This clause is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or of the arbitrator’s award; any such suit may be brought only in Federal District Court for the District, or if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of this Agreement including any claim that all or any part of the Agreement is void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver”.
  6. CLASS ACTION WAIVER.Any Claim must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any entity or person not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.
  7. ELECTRONIC COMMUNICATION DISCLOSURE & CONSENT: You consent to receiving and sending by electronic mail (“email”) and online communications, instead of regular mail or paper format, information about your account, including all current and future required enrollment forms, notices, disclosures, bills, and customer authorizations required for release of customer usage information from your Utility.YOU HAVE THE RIGHT TO WITHDRAW THIS CONSENT AT ANY TIME BY CONTACTING PROVIDER POWER Mass. To do so, you must contact Provider Power Mass by telephone at 1-888-386-4080, by mailing us a written notice at Provider Power Mass, LLC, 12140 Wickchester Ln, Ste 100, Houston, TX 77079, or electronically through Provider Power Mass’s website at www.providerpowermass.com. Your withdrawal of consent will take effect five (5) days after Provider Power Mass receives such request. Your withdrawal of consent will not apply to communications that were furnished electronically before the date on which the withdrawal of consent takes effect. Provider Power Mass will provide by mail a copy of your written confirmation, the Terms of Service, and informational disclosures at no charge upon your request.

You represent that you have the necessary hardware and software to view Hyper Text Markup Language (HTML) files and read Adobe PDF files. You agree that any electronic authorization will bind you to the terms and conditions to the same extent as if you signed the communications on paper with an ink signature.