Residential and Small Commercial Customers
Provider Power Mass, LLC
Terms of Service
(Version No. 3)
Last Updated: 10/24/2016
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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- CUSTOMER DEPOSITS: Provider Power Mass does not require a customer deposit to enroll.
- 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.
- 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.
- 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.
- 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:
- By telephone at: 1-888-386-4080;
- By mailing us a written notice to rescind at: Provider Power Mass, LLC, 12140 Wickchester Lane Suite 100 Houston, TX 77079
- Electronically through Provider Power Mass’s website at: www.providerpowermass.com.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
One South Station
Boston, MA 02110
- 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 at 1-888-386-4080 to set up this arrangement.
- 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.
- 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.
- 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.
- 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”.
- 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.
- 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 Lane Suite 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.