TERMS AND CONDITIONS
Background: Electra Sparks, LLC is certified by the Public Utilities Commission of Ohio to offer and supply natural gas supply service in Ohio. Electra Sparks, LLC’s Ohio Certificate number is 24-127496G. Electra Sparks, LLC will supply all the natural gas that the Customer needs for its home or business (Supply Service). Electra Sparks, LLC is a retail supplier of natural gas and is not affiliated with the Customer’s Local Utility. The Local Utility will respond to emergencies and will remain the Customer’s point of contact in the case of an outage.
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Agreement to Purchase Natural Gas: This is an Agreement for natural gas supply service, between Electra Sparks, LLC (“Electra Sparks”) and the customer (“Customer”, you or, your authorized representative) for Customer to initiate service begin enrollment with Electra Sparks.
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Price: Price: The price for natural gas sold under this agreement is fixed for the term of this agreement.
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Billing: Your Local Utility will continue to read your meters and you will continue to receive one monthly bill from your Local Utility for the natural gas supply provided by Electra Sparks and the distribution and other services provided by your Local Utility, each with taxes thereon. You will make payment for all of these services directly to your Local Utility in accordance with the payment terms stated in your utility’s tariffs. Failure to pay the utility charges may result in Customer being disconnected in accordance with the utility’s tariff. Customer should direct any questions regarding the bill to its Local Utility. Electra Sparks does not offer budget billing. Electra Sparks does not require a deposit in order for customer to enroll. Customer’s natural gas utility may charge switching fees under its tariff.
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Length of Agreement: Your Electra Sparks supply will begin on the next available meter reading after processing of the request by Electra Sparks and your utility. The estimated starting month is the month that follows the date that your online enrollment is completed and submitted to the utility.The estimated expiration month is 12 months after enrollment. If you choose to cancel prior to the end of the Initial Term you may do so by contacting Customer Care at 888-907-9070 Monday – Friday 8 am to 5 pm or emailing Info@electrasparks.com Switching fees may apply to a customer under the incumbent natural gas company's tariff.
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Renewal: At the end of the term, this agreement will automatically renew on a month to month basis at the variable rate of NYMEX + $2.00 /mcf. Prior to the end of the term of the agreement, Electra Sparks will send you a notice to you inform you of your options for continuing your service with Electra Sparks . Unless you choose a different option Electra Sparks can automatically renew this contract without the customer’s affirmative consent even when there is a change in the rate or other terms and conditions.
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Cancellation: Electra Sparks may cancel this Agreement upon fourteen days written notice if you fail to pay your bill or fail to meet any agreed upon payment arrangements. If customer fails to pay the bill or fails to meet any agreed-upon payment arrangement, the customer's service may be terminated in accordance with the incumbent natural gas company's tariffs and the customer's contract may be automatically terminated. If your service is terminated by your natural gas company, then this agreement is cancelled on the date that your service is terminated. You will owe us for amounts unpaid for our charges for service up to the date of termination.
Company-Initiated Cancellation – If we cancel this agreement for any reason other than for customer non-payment, we will follow applicable rules in providing notice to you. Customer Move – If the customer moves from the address of service listed on the Sales Agreement, this agreement is cancelled. This contract will automatically terminate if the requested service location is not served by the Local Utility, if the customer moves outside the Local Utility service area or to an area not served by Electra Sparks , or the customer returns to the Local Utility’s applicable tariff service. Electra Sparks may terminate the contract for any reason other than the customer’s failure to pay or the occurrence of a force majeure event, including but not limited to, and/or a change in any governing law or regulation that physically prevents or legally prohibits Electra Sparks from performing under the terms of the contract. There is no early termination fee for cancelling this Agreement. A customer has a right to terminate the gas contract without penalty in the event the customer relocates outside the service territory of the incumbent natural gas company or within the service territory of an incumbent natural gas company that does not permit portability of the contract. The gas contract automatically terminates if any of the following occurs: 1) the requested service location is not served by the incumbent natural gas company. 2) the customer moves outside the incumbent natural gas company service area or to an area not served by Electra Sparks , or 3) Electra Sparks returns the customer to the customer’s incumbent natural gas company’s applicable tariff service.
Electra Sparks may obtain certain information that will be needed to provide Supply Service to the Customer. We will not give or sell your personal information to any other party without your consent unless we are required to do so by law or it is necessary to enforce the terms of this Agreement. Electra Sparks will not disclose a customer’s Social Security number and/or account number without the customer’s consent except for Electra Sparks own collections and credit reporting, participation in programs funded by the Universal Service Fund pursuant to section 4928.52 of the Revised Code or assigning a customer contract to another CRES or CRNGS provider.
Limitation of Liability: Customer understands and agrees that there are no warranties, either express or implied, associated with the Supply Service provided by Electra Sparks . Electra Sparks will bear no liability to Customer or any third party for consequential, punitive, incidental, special or other indirect damages.
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Assignment: Electra Sparks reserves the right to assign its rights and obligations under this Agreement to an affiliate of Electra Sparks or to another supplier certified to do business in Ohio.
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Other Provisions: These terms and conditions of service set forth the entire Agreement between Customer and Electra Sparks for the purchase and sale of natural gas supply service and supersedes all prior Agreements, whether written or oral. Nothing in this Agreement shall create or be construed as creating any express or implied rights in any person or entity other than you and Electra Sparks . This Agreement is subject to all applicable statutes and to all present and future orders, rules and regulations of governmental authorities having jurisdiction over the subject matter hereof. This Agreement shall be governed by Ohio law. Customer’s utility may charge switching fees under its tariffs. Customer has the right to request Electra Sparks twice within a twelve-month period, up to twenty four months of the customer’s payment history without charge. If a customer switches back to the natural gas utility, they may or may not be served under the same rates, terms and conditions that apply to other customers served by the natural gas utility.
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Rescission: You have the right to rescind this Agreement within seven business days of the postmark date of your Local Utility’s confirmation notice by contacting your Local Utility by mail or telephone at the number below.
Class Action Waiver. Any Claim permissible herein must be brought in the party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiffs, or similar proceeding (“Class Action”). Each of the parties expressly waives any ability to maintain any Class Action in any forum. 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.
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Dispute Procedures: In the event of any dispute or complaint, please call Electra Sparks at 888-907-9070, 8 am to 5 pm Monday through Friday to try to resolve the dispute or complaint. If your complaint is not resolved after you have called Electra Sparks and/or your natural gas utility, 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. Hearing or speech impaired customers may contact PUC via 7-1-1 (Ohio Relay Service). The Ohio consumers’ counsel (OCC) represents residential utility customers in matters before the PUCO. The OCC can be contacted at 1-877-742-5622 (toll free) from eight a.m. to five p.m. weekdays, or at http://www.pickocc.org.