Terms & Conditions.
Terms and Conditions of Electricity and Natural Gas Supply Supply Agreement and Agency Appointment Planet Energy (Ontario) Corp. ("Planet") agrees to sell Natural Gas and/or Electricity to the customer (the "Customer") named on the attached Natural Gas and Electricity Supply Agreement and Agency Appointment (the "Application") and to provide related services described herein on behalf of Customer. The agreement (the "Agreement") consists of both the Application and these terms and conditions. This Agreement binds all persons residing at the Service Address(es). 1. Agency Appointment. Customer hereby appoints Planet to be Customer's sole and exclusive Natural Gas and/or Electricity supplier and agent for all purposes related thereto, including, without limitation, billing and delivery of supply to the Service Address(es). Customer's Utility is entitled to rely upon all actions taken or documents signed by Planet in connection with this agency appointment as though Customer had taken such action or signed such document, including, without limitation, any supply, transportation, delivery or billing arrangements. 2. Direction and Exchange of Personal Information. Customer directs Planet to enter into arrangements on Customer's behalf with Customer's Utility to give effect to this Agreement. Customer authorizes and directs Customer's Utility and any third party to release to Planet any and all information in such person's possession and control relating to Customer and the supply and delivery of Natural Gas and/or Electricity to the Service Address(es) including, without limitation, historical consumption information and payment and credit information. Further, Customer authorizes and directs Customer's Utility to provide Planet with any and all information related to any change to Customer's Service Address(es) or Customer's account, including, without limitation, providing Planet with Customer's forwarding Address(es) or other information in the event that Customer changes location within Ontario. Customer consents to Planet recording telephone conversations between Customer and Planet and maintaining such recordings. 3. Acknowledgement and Representations. Customer has read, understood and agrees to be bound by the terms and conditions of the Agreement. Customer acknowledges and understands that: (i) Planet is not a local electricity distributor, local gas distributor or regulated utility and is not affiliated with Customer's Utility, (ii) Customer's Utility's rate for Natural Gas and/or Electricity will vary during the Term (defined below) and may be greater or less than the Price (defined below), and (iii) the Price under this Agreement is not regulated by the Ontario Energy Board ("OEB"). Customer agrees and represents that currently, and throughout the Term: (i) Customer is not and will not be bound by another agreement for Natural Gas and/or Electricity supply to the Service Address(es), (ii) Customer will not modify or revoke Planet's agency appointment and Customer will not appoint another party as supplier or agent, and (iii) Customer is the account holder or the spouse of the account holder, or has the authority to bind the account holder and has provided evidence of such authority to Planet. 4. Price. Customer agrees that the rate that Customer will pay for Natural Gas and/or Electricity supply hroughout the Term shall be the amount per cubic metre ("m3") of Gas and/or kilowatt hour of Electricity ("kWh") as set out on the first page of the Agreement (the "Price"). In respct of Electricity supply, Customer understands and agrees that Customer will also pay (or receive) the Balancing Amount (defined below). Customer acknowledges and understands that the Price is for Natural Gas and/or Electricity supply cost only and does not include any other charges billed by Customer's Utility or the OEB. Customer also agrees to pay any: taxes, delivery, regulated transmission, regulated distribution, pipeline, compressor fuel, debt retirement, uplift, congestion, locational marginal pricing, service, billing or similar charges, deposits, interest or late payment fees or other amounts charged to Customer or Planet or payable in connection with the supply and delivery of Natural Gas and/or Electricity to the Service Address(es) and any amounts charged or approved by the OEB, the Ontario Power Authority, the Independent Electricity System Operator ("IESO"), and any similar regulatory body. Customer agrees to pay any administration fees charged to Planet by Customer's Utility (in respect of Electricity supply this is currently $0.80 per month and a one-time enrolment and de-enrolment charge of $1.50, all of which may be subject to change), EBT Hub Service fees (up to $0.25 per month) and all applicable taxes including PST and GST. Customer understands that, in respect of Electricity supply, Customer may be subject to a one-time credit or charge known as the final RPP variance settlement amount and that this will appear on Customer's Utility bill. Customer understands that in order for Planet to be able to supply Natural Gas and Electricity to its existing and prospective customers, Planet enters into supply arrangements to meet the forecasted consumption of such pooled customers. These forecasts are based on historical data, load shapes and/or estimates. To the extent that actual consumption of Planet's Electricity customers varies from supply arrangements, Planet will incur a cost or a benefit in balancing and settling its supply arrangements with such consumption. Customer agrees to pay (or receive) Customer's share (based on Customer's consumption) of the cost (or benefit) to Planet to balance and settle the variance between such pooled consumption and supply arrangements (the "Balancing Amount"). The Balancing Amount will be calculated based on the difference between the Price and the weighted Hourly Ontario Electricity price published by the IESO, and the difference between Planet's customers' actual pooled consumption and the aggregate quantity of supply arrangements made for such customers. The Balancing Amount will be charged (or credited) on each bill and the Balancing Amount will not exceed an average of $0.012 per kWh over the Term of the Agreement. 5. Billing and Payment. Customer acknowledges that Customer's Utility will bill Customer for Natural Gas and/or Electricity delivered to the Service Address(es) in accordance with its billing practices and its usual billing cycle. Customer's Utility will determine the amount of Natural Gas and/or Electricity that is delivered to the Service Address(es) and may do so by periodic meter reading, estimation or allocation and Customer will be charged based on this information. 6. Term/Start Date/Renewal. Subject to the termination rights contained in this Agreement, the term chosen above of this Agreement (the "Term") will commence on the initial flow of Natural Gas and/or Electricity hereunder (the "Start Date") (or, if the Agreement is terminated prior to the initial flow, the date set out on page one of this Agreement) and will continue until the day of the actual or estimated Service Address(es) meter reading performed by Customer's Utility which is closest to the end of the Term. Planet expects the Start Date to occur within 120 days of signing this Agreement. Customer understands that there might be a delay in the start of supply for reasons beyond Planet's control, including a delay by the Utility in providing Planet with requested information or in processing this Agreement. Planet may renew this Agreement for successive one year or five year terms (equivalent to the initial Term) by delivering a written renewal notice to the Service Address(es) no earlier than 120 days and no later than 60 days prior to the end of the Term. The renewal notice will set out the changes, if any, to the Price and Term. Unless regulation provides that Customer must accept such renewal by positive written or electronic (including telephonic) recording, Customer will have 30 days from receipt White Copy - Office Yellow Copy - Customer Planet Energy (ON) Corp. Is licensed to market electricity by the OEB - license # ER-2006-0341 and market natural gas - licence # GM-2008-0303 White Copy - Office Yellow Copy - Customer Planet Energy (ON) Corp. Is licensed to market electricity by the OEB - license # ER-2006-0341 and market natural gas - licence # GM-2008-0303 of the renewal notice to notify Planet (in writing or by facsimile or email) of Customer's intention to cancel the renewal failing which the Agreement will renew for an additional term at the price indicated in Customer's renewal notice. 7. Account Changes/Moving. If Customer plans to move to another location within Ontario, Customer will notify Planet in writing of Customer's new Service Address(es) at least 30 days prior to such move. Upon becoming aware of such move (either through receipt of Customer's notice or a notice from Customer's Utility), Planet will determine whether it is able and prepared to supply Customer at Customer's new Service Address(es) and, if so, the terms of this Agreement shall apply to Customer's new Service Address(es) for the remainder of the Term. If Planet is not able or prepared to supply Customer at Customer's new Service Address(es) this Agreement will terminate without penalty or liquidated damages. Customer will also provide Planet with notice in writing of any other change of account information (including account number and contact information). 8. Termination. Customer understands that Planet will suffer damages if Customer breaches this Agreement. Customer agrees that Planet may terminate this Agreement if: (i) Customer fails to pay for Natural Gas and/or Electricity supply or any other amounts payable on Customer's Utility bill or due to Planet, (ii) Customer attempts to cancel or terminate this Agreement, (iii) Customer appoints another person as Customer's Natural Gas and/or Electricity supplier or agent, (iv) Customer breaches or is in default of any other term of this Agreement, (v) Planet is required by law, regulation or legal, regulatory or administrative process to cancel this Agreement, or (vi) a change in law occurs that Planet does not agree with. If Planet terminates this Agreement, Customer agrees to pay Planet, in addition to any other amounts owing by Customer at the date of such termination, damages equal to: (a) in the case of Natural Gas supply, $0.05 per cubic metre and (b) in the case of Electricity supply $ 0.012 per kWh, in either case multiplied by Customer's estimated Natural Gas and/or Electricity consumption, as applicable, for the remainder of the Term. Such estimation shall be made by Planet acting reasonably having reference to any available historical consumption data. Customer agrees that such damages are a genuine estimate of the aggregate losses which would be sustained by Planet in the event the Agreement is terminated. The damages are hereby conclusively deemed to be liquidated damages and shall not be construed as a penalty. Customer authorizes Customer's Utility to include the damages in Customer's Utility bill as an amount payable to Planet. 9. Privacy. Customer acknowledges that Planet collects, records, maintains, uses and discloses Customer's personal information ("Customer's Information") for purposes related to its business, to supply Customer Natural Gas and/or Electricity hereunder and to offer other products from Planet and its affiliates and that Planet may enter into arrangements related thereto that require disclosure of Customer's Information. Customer hereby consents to Planet disclosing Customer's Information to Customer's Utility, Planet's current and prospective suppliers, creditors, service providers, agents, affiliates and other third parties in order for Planet to supply Customer Natural Gas and/or Electricity hereunder renew this Agreement or in connection with Planet's business and Customer hereby consents to such parties' collection, holding, maintenance, use and disclosure of such information. Customer understands that Customer can provide written notice to Planet at any time to stop using Customer's Information. Customer also acknowledges that Planet may disclose Customer's Information without consent for the purposes set out in the OEB's Codes of Conduct for Natural Gas Marketers and Electricity Retailers. 10. Assignment. Planet, in its sole discretion, may assign, pledge or transfer this Agreement or the proceeds therefrom without Customer's consent. Customer may not assign this Agreement without Planet's consent. This Agreement shall be binding upon and enure to the benefit of Planet's and Customer's respective successors and assigns. 11. Consumer's Rights. If Customer enters into this Agreement and Customer consumes less than 50,000 cubic metres of Natural Gas and/or 150,000 kWh/year of Electricity: (i) this Agreement will not be in effect unless Planet provides a written copy of the Agreement to Customer within 40 days after signing this Agreement - Customer understands that this is Customer's copy of the Agreement, (ii) this Agreement will not be in effect unless Customer reaffirms it in accordance with Section 88.9 of the Ontario Energy Board Act, 1998 (the "Act") after the 10th day and before the 61st day following the day on which Customer receives a written copy of the Agreement, (iii) Customer has the right as described in subsection 88.10(2) of the Act to cancel this Agreement within one year of entering into it if it does not meet the requirements referred to in Subsection 88.10(1) of the Act, and (iv) Customer may cancel this Agreement without penalty within 10 days of entering into this Agreement by providing notice of cancellation to Planet in writing by either registered mail or by facsimile 12. Your Rights under the Consumer Protection Act, 2002. You may cancel this agreement at any time during the period that ends ten (10) days after the day you receive a written copy of the agreement. You do not need to give the supplier a reason for cancelling during this 10-day period. If the supplier does not make delivery within 30 days after the delivery date specified in this agreement or if the supplier does not begin performance of his, her or its obligations within 30 days after the commencement date specified in this agreement, you may cancel this agreement at any time before delivery or commencement of performance. You lose the right to cancel if, after the 30-day period has expired, you agree to accept delivery or authorize commencement of performance. If the delivery date or commencement date is not specified in this agreement and the supplier does not deliver or commence performance within 30 days after the date this agreement is entered into, you may cancel this agreement at any time before delivery or commencement of performance. You lose the right to cancel if, after the 30-day period has expired, you agree to accept delivery or authorize commencement of performance. In addition, there are other grounds that allow you to cancel this agreement. You may also have other rights, duties and remedies at law. For more information, you may contact the Ministry of Consumer and Business Services. To cancel this agreement, you must give notice of cancellation to the supplier, at the address set out in the agreement, by any means that allows you to prove the date on which you gave notice. If no address is set out in the agreement, use any address ofthe supplier that is on record with the Government of Ontario or the Government of Canada or is known by you. If you cancel this agreement, the supplier has fifteen (15) days to refund any payment you have made and return to you all goods delivered under a trade-in arrangement (or refund an amount equal to the trade-in allowance). However, if you cancel this agreement after having solicited the goods or services from the supplier White Copy - Office Yellow Copy - Customer Planet Energy (ON) Corp. Is licensed to market electricity by the OEB - license # ER-2006-0341 and market natural gas - licence # GM-2008-0303 and having requested that delivery be made or performance be commenced within ten (10) days after the date this agreement is entered into, the supplier is entitled to reasonable compensation for the goods and services that you received before the earlier of the 11th day after the date this agreement was entered into and the date on which you gave notice of cancellation to the supplier, except goods that can be repossessed by or returned to the supplier. If the supplier requests in writing repossession of any goods that came into your possession under the agreement, you must return the goods to the supplier's address, or allow one of the following persons to repossess the goods at your address: The supplier. A person designated in writing by the supplier. If you cancel this agreement, you must take reasonable care of any goods that came into your possession under the agreement until one of the following happens: the supplier repossesses the goods; the supplier has been given a reasonable opportunity to repossess the goods and twenty-one (21) days have passed since the agreement was cancelled; you return the goods; the supplier directs you in writing to destroy the goods and you do so in accordance with the supplier's instructions. 13. Blend and Extend Option. If, on any anniversary of the Start Date, Planet's posted price (the "Posted Price") to supply Natural Gas and/or Electricity for a 5-year term to residential customers is higher or lower than the Price under this Agreement, Customer may, by giving Planet written notice within 30 days of such anniversary of the Start Date (the "New Start Date"), notify Planet of Customer's intent to blend the Price with the Posted Price and extend the term of the Agreement. In such case, effective the New Start Date, the Term of this Agreement will be extended for a term five years from the New Start Date and effective such date the Price will be amended to the blended price taking into account: (i) the remaining term and the Price, and (ii) the extended term and the Posted Price. 14. Green Program. Under the Green Program, Planet will: (i) in respect of Customer’s natural gas supply purchase and retire carbon offsets on Customer’s behalf in an amount sufficient to offset the carbon dioxide emissions from Customer’s estimated Gas consumption at the Service Address; and/or (ii) in the case of Electricity, purchase and retire renewable energy certificates and power from EcoLogo certified generation facilities within Ontario in an amount equivalent to Customer’s estimated Electricity consumption at the Service Address. Customer acknowledges having received Planet’s current supply of its electricity supply portfolio. 15. Miscellaneous. In case of emergency Customer should contact Customer's Utility and not Planet. This Agreement is the entire agreement between Customer and Planet. Customer did not rely on any representations that are not contained in this Agreement. This Agreement shall be governed by the laws of the Province of Ontario and the federal laws of Canada therein. If Planet is unable to perform any of its obligations hereunder or is unable to supply Natural Gas and/or Electricity at the Price due to events or circumstances beyond its reasonable control (including any failure of its actual or notional generation or supply or any act or omission of Customer's Utility), Planet shall not be liable for its failure to perform for the duration of such events or circumstances, or in the case of an inability to supply at the Price, Customer agrees that Customer will pay Planet for its actual cost of supply. This Agreement, when completed by Customer, is subject to approval and acceptance of Planet, in its discretion, Customer's Utility's acceptance of Customer's enrolment as a Planet customer; and, if the Customer consumes less than 50,000 cubic metres/year of Natural Gas and/or 150,000 kWh/year of Electricity, Customer's reaffirmation of the Agreement under section 11. Planet is licensed by the OEB to market Natural Gas by the OEB under license number GM-2008-0303 and to retail Electricity under license # ER-2006-0341. 16. Questions and Concerns. If Customer has any questions, complaints or concerns about this Agreement or anything related to applicable privacy legislation, Customer agrees to first contact Planet at the following: (i) by phone: 866-755-9553, (ii) by facsimile 905-755-0545, (iii) by email: customerservice@planetenergy.ca, or (iv) by mail: Planet Energy (Ontario) Corp., attention: Customer Service, 10 Kingsbridge Garden Circle, Suite 800, Mississauga, Ontario, L5R 3K6. If Customer is unable to resolve any concerns with Planet, Customer may contact the OEB's customer service centre at 1-877-632-2727.
I have read and agree with the terms and condition and the RPP disclosure.
RPP Disclosure - From November 1, 2009 to April 30, 2010 consumers on the Regulated Price Plan (RPP) (consumers that consume less than 250,000 kWh of electricity per year or are "designated consumers" by regulation), will pay 5.8 cents/kWh for the first 600 kWh per month (non-residential) and 1000kWh per month (residential) and 6.7 cents/kWh for usage above these amounts; or, for consumers with a time-of-use meter, will pay 9.3 cents/kWh for on-peak times, 8.0 cents/kWh for mid-peak times and 4.4 cents/kWh for off peak times. These rates include the Provincial Benefit and OPG rebate amounts. Please see section 11 and 12 for Your Consumer's Rights and your Rights under the Consumer Protection Act, 2002.
Understanding Your Agreement–The Highlights
01082010
PEDBGRWEBON-002
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