TERMS OF SERVICE

The following is your Terms of Service (“Agreement”) with Town Square Energy, LLC (“TSE”), for the purchase of residential or small commercial electric service. TSE is registered with the Rhode Island Division of Public Utilities and Carriers (“RI Division”) docket D-96-6, to offer and supply electric generation services in Rhode Island as a Non-Regulated Power Producer (“NPP”). TSE is also subject to NPP rules issued by the RI Division and by the Rhode Island Public Utilities Commission (“RIPUC”). The words “we”, “us”, “our” and “TSE” refer to Town Square Energy, and the words “you” and “your” refer to the Customer. This Agreement governs your purchase of electric generation services from TSE. TSE agrees to sell, and you agree to buy, the quantity of electricity delivered to you, as measured or estimated by your local distribution company (“LDC”). Please retain this Agreement for your records.

PRICING: Your rate includes generation services only and does not include any applicable taxes. If you have been a customer of the LDC’s standard offer service generation rate, you may compare your rate to the LDC’s standard offer service rate by referring to the supplier services portion of your most recent electric bill or the LDC’s website. In addition, you are responsible for paying your LDC’s distribution and transmission charges as well as any other applicable charges, such as the transition charge, energy efficiency charge and taxes. Please note that variable rates can increase without notice and may exceed your LDC’s standard offer service generation rate.

TERM/FEES/NO GUARANTEE OF SERVICE: The Initial Term for this Agreement and pricing plan is found on page one of this Agreement. For new customers of TSE, service of the Initial Term will begin on a date specified by your LDC. Prior to the end of the Initial Term or any Renewal Term, TSE will provide you written notice of renewal, including the term of such renewal (“Renewal Term”) and the pricing plan that will apply during the Renewal Term (“Renewal Notice”). This Agreement will automatically renew at the pricing plan and for the Renewal Term set forth in the Renewal Notice unless you request we cancel your service or you enter into a new contract with TSE that replaces this Agreement. Customer acknowledges that Town Square Energy cannot guarantee a switch of Customer's account by a specific date and hereby holds harmless Town Square Energy from any liability for, or arising out of, delays in this process.

TERMINATION BY YOU: To cancel this Agreement, you may mail, call, text or email TSE at the contact information provided on page one of this Agreement. When you cancel services, you agree to pay for the services provided by TSE through the date you are switched to another electric supplier or returned to the LDC for service. You are responsible for all charges incurred through the date on which cancellation is effected by the LDC in addition to any early cancellation fee specified in this Agreement. Once your service has begun, it will continue indefinitely until canceled by either you or TSE. 

TERMINATION BY TOWN SQUARE: In accordance with applicable laws, rules and regulations, including those governing termination of service, TSE reserves the right to terminate this Agreement: i) if your LDC is unable to read your meter for 3 consecutive months, ii) you do not pay your TSE generation supply charges to the LDC in full by the date on your LDC bill, or iii) if at some future date there is a change in any law, regulation, market rule or tariff that materially impairs TSE’s ability to fulfill its obligations under this Agreement. We will provide you with at least 15 days’ prior written notice of our intent to terminate this Agreement for any of the reasons specified in i), ii) or iii) above. In addition we reserve the right to terminate this Agreement at any time for our convenience with advance written notice to you of at least 30 days. Upon termination of the agreement by you or us, you will be responsible for all TSE generation supply charges incurred hereunder until your account is transferred to LDC standard service or to another NPP.

CREDIT/SECURITY DEPOSIT: TSE performs a limited credit check based on name and address, with no impact on credit history, on each potential customer. In completing this Agreement, you authorize credit-reporting agencies to provide TSE with any information the agency may have on your name and/or address in response to such limited credit check. TSE may require a security deposit to initiate service, depending on credit or payment history. In most cases, the deposit amount will total approximately three (3) months of consumption. The deposit will be returned to you either (i) following 12 months of prompt payments on the account, assuming it is still active, or (ii) 90 days following the confirmed drop date of account, net of any applicable early termination fee or overdue supply charges. Deposits held more than thirty (30) days will accrue interest, at an annual interest rate of 4% from the date of receipt.

BUDGET PLAN AVAILABILITY: At this time, TSE does not offer budget billing plans.

COMPLAINTS AND DISPUTE RESOLUTION: Please contact a TSE customer service representative by telephone or via email if you have questions or concerns regarding your bill or our service. If you are not satisfied with our initial attempt to resolve the problem, we ask that you request to have your issue escalated within our organization. If you remain unsatisfied or if you have questions about your rights and responsibilities, you may seek assistance from the Rhode Island Division. Contact information for the RI Division Consumer Section is found on page one of this Agreement. Neither the RI PUC nor the RI Division adjudicates breach of contract or billing disputes; such disputes must be settled privately or resolved via legal action. Claims of violations of RI consumer rules may be filed with the Division.

CUSTOMER SERVICE CONTACT INFORMATION: Contact information for TSE Customer Care is found on page one of this Agreement.

NATIONAL GRID SERVICE ADJUSTMENT FOR COMMERCIAL CUSTOMERS: National Grid customers receiving commercial standard offer service under the fixed price option who leave National Grid for a competitive supplier, like TSE, may be subject to a National Grid billing adjustment. If a National Grid billing adjustment is applied, it will appear on your last bill from the utility, and may be a credit or a charge to your standard offer service bill, depending on National Grid rates at the time. TSE is not responsible for the National Grid’s standard offer service billing adjustment and does not receive these charges. Please go to http://www.ripuc.org/utilityinfo/electric/compfaq.html for specifics or additional information.

SERVICE and SERVICE INTERRUPTION: TSE will supply all the electricity that you need for your home or business. TSE is a retail marketer of electricity and not your LDC. The LDC will continue to deliver electricity to your home or business, read your meter, bill you, and make repairs. The LDC will also respond to emergencies and they will remain your point of contact in the case of power outage. You acknowledge and understand that your LDC remains responsible for delivery of electrical power to you. In no event shall TSE or any person or entity affiliated with TSE be deemed responsible for service interruption or any other problem with the delivery of electrical power to you. In the event of an emergency or power outage you should call the LDC that supplies power to your local area.

CHANGE OF RESIDENCE/SERVICE LOCATION: You must notify both your LDC and TSE 45 days in advance of a change in your residence service location or business address. A final meter read will be made at your old service location/address, the account at such service location/address will be closed, and you will be responsible to pay for the electricity delivered to such service location/address until the effective date of such termination.

BILLING AND PAYMENT: You will receive one monthly bill from your LDC that includes the TSE generation charge and the LDC delivery charges each with taxes thereon. You will make payments for both the TSE generation charge and the delivery charges directly to your LDC in accordance with your LDC’s payment terms. The LDC will set the date that your payment is due. Your bill will be based on the monthly meter reading by the LDC. In the event that the LDC later adjusts its reading for any reason, TSE’s charges will be similarly adjusted. Please consult your LDC’s tariffs for information regarding late fees on delinquent payments, termination of service for non-payment, security deposits, payment arrangement plans, and other payment and credit terms. Please also consult your LDC’s website or tariffs for information regarding LDC standard service delivery rates for your electric service. If you are having trouble paying your LDC bills, several programs can help you afford them:

• The Henry Shelton Act administered by National Grid (1-800-322-3223) offers arrearage forgiveness plans for eligible low-income households.
• The RI Office of Energy Resources (401-574-9100) offers information on Low Income Home Energy Assistance Program (“LIHEAP”), Low-Income Eligibility Guidelines, weatherization programs, links to Community Action Programs, and more.
• The Salvation Army (401-831-1119) administers the Rhode Island Good Neighbor Energy Fund.
• The Roman Catholic Diocese of Providence (401-421-7833) administers Keep the Heat On, a program funded by the Catholic Charity Appeal.

ASSIGNMENT: This Agreement shall extend to and be binding upon our respective successors and permitted assigns; provided, however, that you may not assign this Agreement without our prior written consent. We may sell, transfer, pledge, encumber, or assign the accounts receivable and revenues derived from this Agreement (or any proceeds thereof) in connection with any financing agreement, purchase of receivables program or other billing services arrangement. In addition, we may assign our rights and obligations hereunder to an affiliate of TSE, any person or entity succeeding to all or substantially all of the assets of TSE, or to a NPP licensed to do business in Rhode Island. We shall provide you with 30 days’ written notice of any such assignment. Any such assignee shall agree in writing to be bound by the material terms of this Agreement and, following such Agreement, TSE shall have no further obligations hereunder.

ACCESS TO CUSTOMER INFORMATION: By entering into this Agreement, you agree that your LDC may release to us certain information that we need to provide you with service, including but not limited to your address, telephone number, account numbers, historical usage information, peak electricity demand, payment history and placement on LDC budget billing and/or payment plans. We will not give or sell your confidential information to any unaffiliated third party without your written consent unless we are required to do so by law or your account is assigned to a successor energy company pursuant to this Agreement or applicable law.

LIMITATIONS OF LIABILITY: TSE’s LIABILITY IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF YOUR LARGEST MONTHLY INVOICE FOR ELECTRIC GENERATION SERVICE DURING THE PAST TWELVE (12) MONTHS IMMEDIATELY PRECEDING TERMINATION OF THIS AGREEMENT. EXCEPT AS OTHERWISE PROVIDED HEREIN, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL (INCLUDING LOST PROFIT OR REVENUES), INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES FOR CLAIMS ARISING HEREUNDER.

NO WARRANTIES: TSE MAKES, AND YOU RECEIVE, NO WARRANTY, EXPRESS, IMPLIED, OR STATUTORY, AND TSE SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

CHOICE OF LAW: Venue for any legal action brought to enforce any term or condition of this Agreement or to construe the terms hereof shall lie exclusively in the State of Rhode Island. This Agreement shall be construed under and shall be governed by the laws of the State of Rhode Island without regard to application of its conflicts of laws and principles.