Agreement to Sell and Purchase: Easy Energy agrees to sell and you agree to buy and pay for the quantity of electricity necessary to meet your requirements. Easy Energy is your supplier of electricity and National Grid or NStar is your utility or distribution company. You have the right to cancel your enrollment and this agreement anytime before midnight of the third business day after we receive your enrollment confirmation with no penalty. This contract reflects our entire agreement and supersedes any oral or written statements made in connection with this contract or your electric energy supply.
2. Price: Your price for electricity, “Price per kWh”, is the monthly average for energy in the New England market that is adjusted each month based on prevailing costs including New England Independent System Operator (NEISO) charges plus charges for electric energy losses, congestion charges, scheduling services, “uplifted” imbalance charges, and ancillary services. This price may be higher or lower than National Grid or NStar’s price in any particular month. The total energy price you pay each day is the price per kWh multiplied by your usage, in kWh, during that day. Your usage is determined by National Grid or NStar load profiles, or by meter data. The quantity, quality, and measurement of kWh used are determined by National Grid or NStar. This price does not include any taxes. If you are tax exempt, you must provide Easy Energy with the necessary tax exemption certificate. The price does not include Utility distribution and transmission charges as well as any other applicable charges. You can refer to your Easy Energy bill to see the price per kWh for the bill period. This monthly variable pricing plan will continue in force on a month-to-month basis until either party cancels the agreement.
3. Term: Service begins on one of your next two meter read dates after National Grid or NStar confirms your enrollment and will continue on a month-to-month basis. There may be delays in commencing electric service under this contract and you will not hold us responsible for any such delays. Easy Energy reserves the right to amend these terms and conditions due to any regulatory, tariff or procedural change that may affect our ability to serve you under this agreement. Amended terms and conditions will become effective 30 days after being posted on our website. Your continued use of Easy Energy as your supplier is your acceptance of any changes in these terms and conditions.
4. Cancellation: Either party may cancel this Agreement, without penalty. You may cancel by notifying us of your desire to return to National Grid or NStar. We will notify your utility and you will return to them for your supply on one of your next two meter read dates. We may cancel this agreement at our sole discretion for any reason including, but not limited to, in our opinion you are not credit worthy or if there are adverse changes in the laws, rules or market conditions. We may terminate this service, and return you to your utility, if a bill is not paid within 48 days of receipt, or such longer time as may be permitted by 220 CMR 11.05 (3)(c). You are responsible for all Easy Energy supply charges incurred on your behalf even if you cancel this contract.
5. Billing: You will receive a single bill from National Grid or NStar covering Easy Energy’s supply charges as well as the distribution company’s distribution and service charges. Payment is due to Easy Energy when payment is due to National Grid or NStar. You make a single payment to National Grid or NStar and they send us the appropriate amount. Late charges will be calculated at the rate of 1.5% per month for the amount outstanding. In the event of late or non-payment, we have the right to terminate this agreement in accordance with the applicable Commonwealth of MA Department of Public Utilities requirements. You are liable for all costs and expenses including any late payment fees and reasonable attorney’s fees incurred in the collection of any amounts due.
6. Information Release Authorization: Through your selection of the check box indicating you agree with these terms and conditions you allow National Grid or NStar to release to us any account information including account number and payment history. You also agree to receive environmental disclosure information by accessing our web page at www.easyenergyma.com or through e-mail or post office.
7. Dispute Resolution: In the event of a billing dispute or a disagreement involving any essential element of this Agreement, the parties will use their best efforts to resolve the dispute. If you have any concerns about your bill, you may call our Customer Service department (M-F 9AM-5PM EST) at 1-866-779-0449 or send a letter to Easy Energy, P.O. Box 866, Bolton, MA 01740, or send an e-mail to email@example.com. If your question is not resolved, you have a right to appeal to the Mass DPU by writing them or calling them at 1-800-392-6066.
8. Force Majeure: Easy Energy assumes no liability or responsibility for any items or services associated with your local utility including operations and maintenance of their system, billing errors, interruption of service, termination of service, failure of electricity service or deterioration of their service.
9. Limits on Warranty and Damages: You understand and agree that there are no warranties, either expressed or implied, associated with this offer or the electricity service sold hereunder. In the event Easy Energy fails to perform its obligations under this agreement, your sole remedy shall be to cancel this agreement by written notice sent via certified mail to Easy Energy. In the event Easy Energy is responsible for direct damages for its failure to comply with these terms and conditions, Easy Energy will be responsible for direct damages up to the price of the electricity service provided limited to a thirty day period. Further, Easy Energy shall not be liable to you for any injury, whether arising in contract, tort (including but not limited to intentional torts, negligence, and strict liability), or otherwise, and you hereby expressly waive any other legal or equitable remedy other than termination as referenced above in this section.
10. Low Income Eligibility: A discount electric rate is available to qualifying residential customers. Contact National Grid customer service at 800-322-3223 or NStar customer service at 800-592-2000 for eligibility requirements and an application.
11. Governing Law and Regulations: This Agreement shall be governed by, construed, enforced and performed in accordance with the laws of the Commonwealth of Massachusetts. If action is taken by federal or state governmental authorities which significantly changes the way Easy Energy does business with you, Easy Energy may change its price to you, or terminate this agreement, after which you can return to National Grid or NStar to provide your electricity needs or enroll for service from another supplier.
12. Assignment: We may assign this agreement to an affiliate, in whole or in part or to another state licensed supplier. You will receive a thirty (30) day notice of any assignment. In the case of assignment to an affiliate these Terms and Conditions will remain unchanged. In the case of assignment to a third party supplier these Terms and Conditions will no longer be in affect and Easy Energy shall have no further obligations hereunder. Neither your account number nor any other confidential information will be released without your written consent. You do not have the right to assign your rights and obligations under this agreement to a third party.
13. Emergency Service: In the event of an electric emergency or service interruption, you should immediately call National Grid 1-800-322-3223 or NStar at 800-592-2000 as they maintain the distribution, transportation and all emergency services.