1. Background; Contract to Sell and Purchase Energy. This Disclosure Statement, the Contract Summary, any Promotion and Rewards Terms and Conditions, together with the notice containing a welcome letter, a copy of your Contract Summary, Electricity Disclosure Statement, any Promotion and Rewards Terms and Conditions, and any amendments to these documents from time to time, are an agreement (collectively, the “Agreement”) for electric supply service between Inspire Energy Holdings, LLC (“Inspire” and “we”) and you (“Customer” or “you”). The purpose of this Agreement is to authorize a change in your electric supplier to Inspire. Inspire is a retail electricity supplier licensed by the Pennsylvania Public Utility Commission (“Commission” or “PUC”) to offer and supply electric generation services in Pennsylvania (PUC license number A-2013-2376082). Inspire is not affiliated with and does not represent your electric distribution company (“EDC” or “Utility”). The EDC will continue to deliver the electricity supplied by Inspire. The PUC regulates distribution prices and services. The Federal Energy Regulatory Commission regulates transmission prices and services. You will receive a single bill from your EDC that will contain your EDC charges and Inspire charges. Your EDC is your provider of last resort. In the case of a conflict between the documents that form the Contract, these terms control unless these terms have been amended, in which case the most recent such amendment controls. If the terms are amended, you will receive notice as described in Section 10.
By entering into this Agreement, you represent that you are the authorized customer of record for the electricity supply account subject to this Agreement, or you otherwise have authority to enter into this Agreement. This Agreement shall not become effective until accepted by Inspire.
THE TERMS BELOW ARE VERY IMPORTANT BECAUSE THEY OUTLINE YOUR LEGAL RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION IN SECTION 20 THAT AFFECTS YOUR RIGHTS. THE ARBITRATION PROVISION REQUIRES THAT DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATIONS OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
2. Your Right to Rescind. You may cancel this Agreement at any time before midnight of the third business day after receiving this Contract Summary and Disclosure Statement by calling Inspire toll-free at 866-403-2620, emailing us at help@inspirecleanenergy.com, chatting with us at www.inspirecleanenergy.com, or in writing at 923 Haddonfield Road, Suite 300; Cherry Hill, NJ 08002.
3. Definitions.
"Generation Charge": The charge for producing electricity. Generation service is competitively priced and is not regulated by the Public Utility Commission. If you purchase electricity from an electric supplier, your generation charge will depend on the contract between you and your supplier.
“Kilowatt-hour (kWh)”: The basic unit of electric energy for which most customers are charged in cents per kilowatt-hour. A kilowatt-hour is the equivalent of using ten 100-watt light bulbs for one hour.
"Transmission Charge": The cost for transporting electricity from the generation source to your electric distribution company. For most electric customers who select a new supplier, transmission costs will be included in the charges from your new supplier. The Federal Energy Regulatory Commission regulates retail transmission prices and services. This charge will vary with your source of supply.
4. Service Charges.
Fixed Price Agreement – You agree to pay the price per kWh described in the Contract Summary. This price includes Generation Charges and Transmission Charges, including estimated gross receipts tax and other applicable taxes. The price may be higher than your EDC's price for electricity supply. Inspire does not guarantee that we will provide any savings for electricity supply as compared to what the EDC would charge. The price does not include EDC charges, including, but not limited to, EDC delivery and distribution charges, which are separate amounts that you must pay to your EDC. To learn more about your fixed price, please call us at 866-403-2620. For more details, please see Section 10, “Renewal Provision/Agreement Expiration/Change in Terms”.
5. Duration of Agreement.
You will buy your electricity generation service for the street address specified in your enrollment authorization from Inspire beginning on the date set by your EDC and service will continue for the length of the agreement specified in the Contract Summary above.
6. Cancellation Provisions.
Non-Payment: If your electric service is terminated by your EDC, then this Agreement will be automatically cancelled on the date that your electric service is terminated. You will owe us for amounts unpaid for our charges for electric generation service up to the date of termination.
Customer-Initiated Cancellation: If you cancel this Agreement before the end of the initial term, you will owe us for amounts unpaid up to the date of cancellation.You may cancel this Agreement at any time by notifying Inspire. You must provide Inspire at least thirty (30) days advance notice before the next regularly scheduled meter read in order for the cancellation to be effective as of that reading. To cancel this Agreement, please contact Inspire by phone, email, or in writing at the contact information below. There is no cancellation fee if you cancel your contract prior to the end of the initial term.
Company-Initiated Cancellation: Inspire may cancel this Agreement if a Regulatory Change (as defined in Section 23) occurs that materially impairs Inspire’s ability to fulfill its obligations under this Agreement; provided, however, Inspire will follow applicable rules in providing notice to you if we intend to cancel this Agreement. In addition, we reserve the right to cancel this Agreement at any time and for any reason, including to include your enrollment in a utility’s customer assistance program with advance written notice to you of at least 10 days. Upon cancellation of the Agreement by you or us, you will be responsible for all Inspire generation charges incurred hereunder until your account is transferred to EDC basic service or to another competitive electricity supplier.
Customer Move: If the customer moves from the address listed above, this agreement is cancelled.
Cancellation is effective on a date set by your EDC. You will be responsible for unpaid balances as of the cancellation date, until your account is paid in full.
You are responsible for canceling any existing agreements with other electric suppliers from whom you are purchasing electric generation service and paying any cancellation fees (if applicable). You also have the option of receiving default service generation from your EDC.
During the term of this Agreement, Inspire will ensure that 100% of your electricity usage is sourced from renewable energy generation facilities or otherwise paired with renewable energy credits (“RECs”) from renewable generation facilities located in U.S. Each REC represents proof that electricity was generated from an eligible renewable energy resource such as wind, solar, hydro, or qualified biomass. By purchasing RECs to match your electricity usage and retiring them in a regional generation attribute tracking system, we enable you to directly support the continued use and development of renewable electricity. Increased demand for, and generation of, renewable electricity helps reduce carbon emissions and provides other local and global environmental benefits in the region where the renewable electricity generator is located.
8. Penalties, Fees and Exceptions. There are no sign-up fees, customer service charges, or cancellation fees with Inspire.
9. Promotion and Rewards Terms and Conditions.Complete terms and conditions related to any Inspire promotion specific to your plan, if applicable, are enclosed. If you cancel this Agreement, you may forfeit some or all of the promotions specific to this Agreement.
10. Renewal Provision/Agreement Expiration/Change in Terms.If you have a fixed duration contract that will be ending, or whenever Inspire wants to change the contract, you will receive two separate notices before the contract ends or the changes happen. You will receive the first notice 45-60 days before, and the second notice 30 days before the expiration date or the date the change becomes effective.These notices will explain your options. You will not be subject to a penalty or fee if the customer terminates the contract at any time between the date the options notice is issued and the expiration of the contract.
11. Billing and Payment.You will receive a single bill from your EDC that includes our generation supply charges as well as the EDC’s distribution charges.
12. Title and Taxes. Title to, control of, and risk of loss of the electricity sold under this Agreement will pass from Inspire to Customer when it is delivered to Customer’s EDC. Each party will indemnify and hold the other party harmless from any and all claims (including claims for personal injury, death, or property damage), losses, fees, taxes, damages, suits, causes of actions and judgments of any kind arising hereunder while title and risk of loss are vested in the indemnifying party. You will be responsible for the payment of all transfer, sales or other taxes related to Inspire's service under this Agreement. If you are exempt from any such taxes, you are responsible for identifying and requesting such exemption from the collection of taxes by filing appropriate documentation with Inspire and/or your EDC, as applicable.
13. Contact Information/Customer Complaints. If you have a question about your bill or service or wish to obtain average monthly billed prices for your rate class and EDC service territory for the past 24 months, you may contact Inspire (see Inspire Contact Information below). If you are not satisfied with the response from Inspire’s Member Support team, you may ask that your questions be referred to an Inspire supervisor, who will respond promptly. If you remain unsatisfied with our attempts to resolve the issue, you may seek assistance from the PUC or request information from the PUC regarding your consumer protection rights. Contact information for the PUC and local utility companies can be found in Section 26 below. The requirement to utilize arbitration is not negated by the filing of a complaint with the Commission.
14. Power Outages and Emergencies. In the event of a power outage, gas leak, or other emergency, immediately contact your EDC using the toll-free phone numbers below. Your EDC remains responsible for the delivery of electricity and will continue to respond to any service calls and emergencies. Switching to Inspire will not impact your electric service reliability.
Duquesne Light Company: 1-888-393-7000
Met-Ed: 1-888-544-4877
PECO: 1-800-841-4141
Penelec: 1-888-544-4877
Penn Power: 1-800-544-4877
PPL Electric Utilities: 1-800-342-5775 and press Option #1
West Penn Power: 1-800-544-4877
15. Limitation of Liability. Inspire’s aggregate liability arising out of or related to this Agreement shall not exceed the amount of your largest monthly invoice for electric service during the twelve (12) months immediately preceding cancellation of this Agreement. The Parties agree to the extent permitted by Law that the statute of limitations with respect to all claims arising out of or related to this Agreement shall be reduced to the lesser of (i) two years from the event giving rise to the claim or (ii) the minimum period permitted by Law and any action not brought within such time period shall be barred without regard to any other limitations period.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT WHEN A REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY HEREIN PROVIDED, LIABILITY SHALL BE LIMITED TO ONLY THE DIRECT ACTUAL DAMAGES AND SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY.IN NO EVENT WILL INSPIRE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, WHETHER UNDER STATUTE, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, OR ANY OTHER LEGAL THEORY, AND TO ALL CAUSE OR CAUSES OF SUCH DAMAGES.
TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OTHERWISE OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THE LIQUIDATED DAMAGES CONSTITUTE A REASONABLE APPROXIMATION OF THE HARM OR LOSS. NOTHING IN THIS AGREEMENT SHALL CONSTITUTE A WAIVER OF ANY RIGHTS CUSTOMER MAY HAVE UNDER PENNSYLVANIA OR FEDERAL CONSUMER PROTECTION LAWS.
All limitations of liability contained in this Agreement shall survive the termination of this Agreement.
16. Binding Effects; Assignment.This Agreement shall extend to and be binding upon Inspire’s respective permitted successors and permitted assigns. You may not assign this Agreement, in whole or in part, or any of your rights or obligations under this Agreement, without Inspire’s prior written consent and any attempted assignment shall be void. Inspire may, without your consent: (i) sell, transfer, pledge, encumber or assign this Agreement or 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; or (ii) assign this Agreement to an affiliate of Inspire; or (iii) assign this Agreement to any other person or entity succeeding to all or a substantial portion of the assets of Inspire or a competitive electricity supplier licensed to do business in Pennsylvania. In addition, Inspire may assign its rights and obligations hereunder consistent with applicable law. If this Agreement is assignable, Inspire will provide notice to you with the name of the new EGS, the contact information of the new EGS, the estimated month and year that the assignment is expected to occur, and language informing the customer that the Agreement terms and conditions will remain unchanged.
17. Force Majeure and No Warranties. INSPIRE MAKES NO REPRESENTATIONS, WARRANTIES, AFFIRMATIONS OF FACT, OR PROMISES, EXPRESS OR IMPLIED, OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT AND INSPIRE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. You agree that events of Force Majeure may result in interruptions in service and that we will not be responsible for supplying electricity to you and we will not be liable for those interruptions. You agree that Inspire's liability not excused by reason of force majeure or otherwise will be limited to direct actual damages only; and neither of us is liable to the other for consequential, incidental, punitive, exemplary or indirect damages. We make no representations or warranties and we expressly disclaim all other warranties, written or oral, express or implied, including any warranty of merchantability or fitness for a particular purpose. “Force Majeure” means any “Act of God” or other unexpected and disruptive event beyond the reasonable control of either party that interferes with either party’s ability to perform its obligations under this Agreement, except for the obligation to pay monies. Force Majeure may also include changes in laws, rules, or regulations or other acts of any governmental authority (including the PUC or PJM interconnection), accidents, strikes, labor troubles, requirement maintenance work, inability to access the local distribution utility system, nonperformance by the EDC or any other cause beyond Inspire’s reasonable control. Any party which is unable to perform its obligations as a result of a Force Majeure event shall provide written notice to the other party of the existence of such event and exercise due diligence to remove such event with all reasonable dispatch, but shall in no event be required to incur commercially unreasonable expense in doing so. Customer acknowledges that Inspire does not own or operate transmission or distribution systems through which energy is delivered.
18. Severability. Each provision of this Agreement is made subject to the maximum extent permitted by law and if any of the provisions, or portions or applications hereof are held to be unenforceable or invalid by any court of competent jurisdiction, Inspire and Customer shall negotiate an equitable adjustment to or amendment of the affected provisions with a view toward effecting the purpose of this Agreement, and the validity and enforceability of the remaining provisions, or portions or applications hereof or thereof, shall not be affected thereby.
19. Application of the UCC. THE PARTIES AGREE THAT TO THE MAXIMUM EXTENT POSSIBLE UNDER LAW, ARTICLE 2 OF THE UNIFORM COMMERCIAL CODE SHALL APPLY TO ENERGY SOLD HEREUNDER AND IF ANY TOPIC OR MATTER ADDRESSED HEREIN IS ALSO ADDRESSED IN SUCH ARTICLE 2, THEN THIS AGREEMENT SHALL CONTROL AS TO SUCH TOPIC OR MATTER. CUSTOMER HEREBY WAIVES ANY RIGHTS IT MAY HAVE PURSUANT TO SECTION 2609 OF THE UCC, OR ANY OTHER SIMILAR DOCTRINE UNDER LAW OR STATUTE WHEREBY CUSTOMER MAY DEMAND ADEQUATE ASSURANCE OF PERFORMANCE FROM INSPIRE.
20. Mandatory Arbitration, Waiver of Jury Trial, and Class Action Waiver.
a. Purpose. For any Dispute with us, you agree to first contact us at help@inspirecleanenergy.com and attempt to resolve the dispute with us informally. In the unlikely event that Inspire is not able to resolve the Dispute it has with you after sixty (60) days, any Dispute involving you and us shall be resolved through individual, binding, and mandatory arbitration. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. BY ACCEPTING THIS CONTRACT, YOU KNOWINGLY, WILLINGLY, AND VOLUNTARILY AGREE THAT YOU AND INSPIRE ARE EACH WAIVING THE RIGHT TO SUE IN COURT (EXCEPT AS PROVIDED HEREIN) AND ARE EACH WAIVING THE RIGHT TO HAVE A TRIAL BY A JURY.
b. Definitions. This “Arbitration Provision” shall be broadly interpreted. “Dispute” means any claim or controversy related to us or our relationship, including but not limited to any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before this or any prior agreement; (3) claims that arise after the expiration or termination of this Agreement, and (4) claims that are the subject of purported class action litigation. As used in this Arbitration Provision, “us” means Inspire and any of its current or future predecessors, successors, assigns, parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees and agents, and “you” means you and any users or beneficiaries of Inspire’s services rendered under this Agreement.
c. Exclusions. Notwithstanding anything in this Arbitration Provision to the contrary, nothing in this Arbitration Provision will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
d. Right to Sue in Small Claims Court. Notwithstanding anything in this Arbitration Provision to the contrary, either you or we may elect to have an action heard in a small claims court in the area where you receive(d) services from us, so long as the Dispute or claim is not aggregated with the claim of any other person and the amount in controversy is properly within the jurisdiction of the small claims court.
e. Initiation of Arbitration Proceeding. The party initiating the arbitration proceeding may open a case with the American Arbitration Association (“AAA”) by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). You may deliver any required or desired notice to us by mail to Inspire Energy Holdings, LLC, 923 Haddonfield Road, Suite 300; Cherry Hill, NJ 08002 – ATTN: LEGAL DEPARTMENT
f. Arbitration Law and Procedures. This Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by the AAA pursuant to its Consumer Arbitration Rules (the “AAA Rules”) as modified by the version of this Arbitration Provision that is in effect when you notify us about your Dispute. You can obtain the AAA Rules and the AAA’s Consumer Due Process Protocol by visiting its website (www.adr.org/consumer) or calling its toll-free number (1-800-778-7879). If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
A single arbitrator will resolve the Dispute. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless you and we agree otherwise, the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances will take place in the county of your billing address.The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitrator’s decision will follow the terms of the Agreement and will be final and binding.The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of the Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator.The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
g. Waiver of Class Actions and Collective Relief.THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS OR DISPUTES TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT, OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL) OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM OR DISPUTE. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR DISPUTES AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT. THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION.
h. Survival and Amendments.This Arbitration Provision shall survive termination of this Agreement.Any amendments to this Arbitration Provision shall be prospective only and shall not affect any pending arbitration proceeding.
i. Waiver of Jury Trial. WHETHER IN COURT OR IN ARBITRATION, YOU AND WE AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT PERMITTED BY LAW.
21. Applicable Law and Other Provisions. This Agreement is subject to any Law existing or enacted during the term of this Agreement. “Law” means any law, legislation, statute, regulation, rule, tariff, decision, writ, order, decree or judgment, or any interpretations by any court, agency or instrumentality that has jurisdiction. This Agreement will be governed by the laws of the State where service is provided without regard to the application of its conflicts of law principles.
22. Customer Information Release Authorization and Use.By entering into this Agreement, you authorize Inspire to obtain and review certain information about you that Inspire needs to provide service to you, including your address, telephone number, account number(s), energy consumption history, payment history, billing determinants, and capacity tag/peak energy demand information. You agree that Inspire may share your information with Inspire’s subsidiaries and/or affiliates, your EDC, and any service vendor or others Inspire uses to support our business, including any third-party entities with whom we have relationships. You also agree that Inspire may share information about your account with any designated rewards partner(s) to the extent necessary to administer any promotions consistent with the privacy policy of Inspire, which can be found here: www.inspirecleanenergy.com/policies/privacy-policy.
You may rescind these authorizations and restrict the release of your information by contacting us by anytime in writing or by calling us toll-free at 866-403-2620. Inspire reserves the right, to the extent permitted by Law, to reject your enrollment or terminate this Agreement and cancel your service in accordance with this Agreement in the event these authorizations are rescinded. We reserve the right to share information with Inspire’s affiliates, to the extent permitted by Law, but we will not distribute or sell your personal information to any unaffiliated party without your consent unless we are required to do so by Law or it is necessary to enforce the terms of this Agreement or to allow you to receive any promotions specific to your plan. Customer’s execution of this Agreement shall constitute authorization for the release of this information to Inspire. This authorization will remain in effect during the Initial Term and any Renewal Term. Customer may rescind this authorization at any time by providing written notice thereof to Inspire or by calling Inspire toll-free at 866-403-2620. Inspire reserves the right to cancel this Agreement in the event Customer rescinds the authorization.
23. Regulatory Changes. If there is a future change in any applicable law, rule, regulation, order, filed tariffs, market rules or pricing structure whereby Inspire is prevented, prohibited or frustrated from carrying out the terms of this Agreement, in its sole discretion Inspire will have the right to cancel this Agreement by giving notice to you as required under applicable law. If there is a future change in any applicable law, rule, regulation, order, filed tariffs, market rules or pricing structure, or in charges or new charges, imposed by your EDC, PJM, the Commission or any governmental agency, whereby Inspire incurs additional charges or costs as a result of such changes, then Inspire will have the right in its sole discretion to (i) propose to adjust your price to reflect such additional charges or costs to Inspire by giving two advance written notices, an initial notice 45-60 days before the proposed effective date, plus a notice 30 days before the proposed effective date, and (ii) if you do not accept such proposed price change, cancel this Agreement by giving notice to you as required under applicable law.
24. Notices. Inspire shall provide written notice of any changes to this agreement by mail or, if an email address is provided, by email. You consent to receive all notices concerning this Agreement via email, except where prohibited by law. You shall provide Inspire with your current email address and notify Inspire of any changes to your mail or email addresses. YOU AGREE TO NOTIFY INSPIRE IMMEDIATELY IF THERE IS ANY CHANGE IN THE INFORMATION THAT YOU HAVE PROVIDED TO INSPIRE, INCLUDING WITHOUT LIMITATION ANY CHANGE IN YOUR TELEPHONE NUMBER(S), INCLUDING YOUR MOBILE TELEPHONE NUMBER(S). YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND AND HOLD INSPIRE HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT (47 U.S.C. SEC. 227), AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM INSPIRE (OR SOMEONE ON INSPIRE’S BEHALF) ATTEMPTING TO CONTACT YOU AT THE TELEPHONE NUMBER(S) YOU PROVIDED. YOUR CONSENT TO BE CONTACTED FOR INFORMATIONAL PURPOSES AT THE TELEPHONE NUMBER(S) YOU PROVIDE TO INSPIRE IS A MATERIAL PART OF THIS AGREEMENT AND MAY NOT BE REVOKED.
25. Parties Bound. This Agreement is binding upon the parties hereto and their respective successors and legal assigns. Customer and Inspire have caused this Contract to be executed by individuals authorized to bind each party, and Customer has reviewed all of the terms and conditions herein. Customer may cause this Agreement to be executed by providing Customer’s written signature below or by such alternative forms of verification as the PUC may permit to initiate retail energy supply service, including an audio recording of a customer agreeing to the switch verbally on a telephone call or an electronic record of an internet transaction that meets the PUC requirements, including an electronic signature. Such alternative forms of verification shall be treated and deemed enforceable as if Customer had provided an original written signature.
26. Contact Information.
Electric Generation Supplier Name:
Inspire Energy Holdings, LLC
Address: 923 Haddonfield Road, Suite 300; Cherry Hill, NJ 08002
Phone (toll-free): 866-403-2620
Email: help@inspirecleanenergy.com
Chat: www.inspirecleanenergy.com
Your EDC (for electric outages, service interruptions or other emergencies):
Duquesne Light Company at 1-888-393-7000
Met-Ed at 1-888-544-4877
PECO at 1-800-841-4141
Penelec at 1-888-544-4877
PPL Electric Utilities at 1-800-342-5775 and press Option #1
West Penn Power at 1-800-255-3443
The Pennsylvania Public Utility Commission:
Pennsylvania Public Utility Commission
400 North Street
Harrisburg, PA 17120
Utility Choice Hotline: 1-800-692-7380
Information about shopping for an electric supplier is available at www.PaPowerSwitch.com or other successor media platform as determined by the Commission, by calling the Commission at the number above and the Office of Consumer Advocate at (800) 684-6560 or by visiting www.oca.state.pa.us.
Signature:
I have read, understand, and agree to these terms and conditions of this Agreement, confirm that I am authorized to make changes to my electricity account, and voluntarily authorize Inspire to perform the necessary tasks to complete my enrollment and initiate electricity supply service.
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Version 3.2_updated July 20, 2023
Promotion and Rewards Terms and Conditions
This agreement sets forth the general terms and conditions ("Promotion Terms") that apply to your participation in any promotion or reward offered by Inspire Energy Holdings, LLC ("Inspire"), including any introductory offers, offers that you access through a promotional code, or any other rebate, bonus, or incentive offered by Inspire (each a "Promotion").
These Promotion Terms are subject to your agreement with Inspire for electricity supply service (including but not limited to, where applicable, any contract summary) (collectively, "Electricity Sales Agreement"), as may be amended from time to time. The Electricity Sales Agreement constitutes a part of these Promotion Terms and is expressly incorporated herein.
Inspire reserves the right to both modify these Promotion Terms from time to time and/or to terminate any Promotion at any time and without prior notice unless notice is required under law.
Terms of specific individual Promotions applicable to you can be found in Section 6.
PLEASE NOTE:THE TERMS BELOW ARE VERY IMPORTANT BECAUSE THEY OUTLINE YOUR LEGAL RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
THE ELECTRICITY SALES AGREEMENT INCORPORATED HEREIN CONTAINS A BINDING ARBITRATION PROVISION THAT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHTS UNDER THESE PROMOTION TERMS.
1. Eligibility. These Promotion Terms do not apply to New York members. When Inspire offers a Promotion, it may set eligibility requirements for participation in the Promotion. Inspire reserves the right to determine whether a particular customer satisfies those requirements. Promotions are not available for all rate classes, all customer types, or in all areas. Promotions are not available in areas where Inspire does not offer its services. You may not be eligible for certain Promotions, including Promotions relating to initial enrollment with Inspire (e.g., a "Sign Up Bonus"), if you have previously been enrolled with Inspire. Promotions are limited to one per customer and electricity supply account. You may become ineligible for a promotion if your local utility company rejects or terminates your Inspire enrollment or service. Additional eligibility limitations related to specific Promotions are set forth in Section 6.
2. Limitations. Promotions are limited time offers. Promotions may not be applied as a credit or offset to reduce the amount owed by you to Inspire or your local utility company. Unless otherwise provided by applicable law, Promotions have no value of any kind until they are redeemed and received by you, and you have no property rights or other legal interest in any Promotion until you redeem and receive a benefit under the Promotion and that property interest or other legal interest continues to be subject to any limitation or requirement of the specific individual Promotion terms and these Promotion Terms. To the extent a Promotion benefit is not a cash award, and unless otherwise provided by applicable law, the Promotion benefit shall have no cash value. Promotions are non-negotiable. You may not transfer, pledge, sell, barter, or assign Promotions to any other party, and any attempt to do so shall be void and of no legal effect. A Promotion cannot be combined with other Promotions, discounts, reward programs, or other offers, unless specifically authorized by Inspire.
Promotion-specific terms and limitations apply (see Section 6). Inspire reserves the right, in its sole discretion, to determine whether a particular customer has met all requirements to redeem under a specific individual Promotion. The manner and means by which a Promotion or Promotion benefit may be redeemed by, conveyed to, or reimbursed to a customer is at the sole discretion of Inspire and may be by any means Inspire deems appropriate, including requiring specified affirmative actions by the customer.
Promotions are void where prohibited by law. In the event that all or part of any Promotion is found to be in violation of applicable law, Inspire shall have no obligation to provide or fulfill the terms of such Promotion.
Inspire may change or cancel any Promotion at any time. Inspire may set an expiration period for Promotion redemption or a redeemed Promotion. Inspire may revoke your participation in any Promotion at any time, and any Promotion or Promotion benefit associated with you may be forfeited at Inspire’s discretion unless already redeemed and received by you subject to any limitation or requirement of the specific individual Promotion terms and these Promotion Terms. Inspire may temporarily or permanently disqualify you from participating in any Promotion and/or adjust or cause to be forfeited any benefits under any Promotion as a result of your abusive behavior, "gaming" conduct, fraud, misrepresentation, violation of any law, bankruptcy or insolvency (subject to applicable law and regulation), or violation of any of the terms or conditions of the Promotion, these Promotion Terms, the Electricity Sales Agreement, or any other agreement with Inspire or your local utility company, in each case as determined by Inspire in its sole discretion. If you, Inspire, or your local utility company cancel your electricity service, close your Inspire account, or revoke your access to any services provided under the Electricity Sales Agreement for any reason, your claim to any Promotion or Promotion benefit not already redeemed by and received by you is forfeited.
3. Customer Information. Inspire may need to provide your information to a third-party vendor or service provider in order to fulfill some or all of a Promotion. You may opt out of Inspire providing information to these third parties by calling Inspire at 866-403-2620. Should you opt out, Inspire does not guarantee another means of accessing or redeeming a Promotion. Please see Inspire’s Privacy Policy for additional information, available at www.inspirecleanenergy.compolicies/privacy-policy.
4. Indemnification; Disclaimer and Limitation of Liability. You agree to indemnify and hold Inspire and its third-party vendors and service providers and their respective affiliates, successors, directors, officers, employees, agents, and contractors harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) arising from your: (i) participation in a Promotion; (ii) fraud or misuse of a Promotion; (iii) violation of these Promotion Terms; and/or (iv) violation of any applicable law or the rights of any third party.
Inspire shall not be responsible for resolving any conflicting claims to any Promotion or Promotion benefit. Inspire is not responsible for any lost or stolen Promotion or Promotion benefit. Inspire shall have no liability in connection with or relating to any disagreements between you and your local utility company.
Inspire reserves the right (but is not required) to correct inaccurate Promotion benefit awards. If Inspire does not credit, or improperly denies, your eligibility for a Promotion to which you were otherwise eligible, then your exclusive remedy will be the issuance of the improperly denied Promotion benefit, if available, or such other alternative benefit as Inspire, in its sole discretion, may determine. Neither Inspire nor any of its affiliates, agents, or representatives have any other or additional liability to you or any other person for such error(s), subject to applicable law. The parties shall follow the dispute resolution procedures set forth in the Electricity Sales Agreement.
Notwithstanding any other provision of these Promotion Terms and subject to the immediately preceding paragraph, in no event will Inspire or any of its respective affiliates, successors, directors, officers, employees, agents or contractors be responsible or liable to you, or anyone claiming through you or on your behalf, for claims, damages, or liability arising out of participation in a Promotion or related to a Promotion, other than such claims, damages, or liability directly caused specifically by Inspire’s gross negligence or willful misconduct. In no event will Inspire be liable for any indirect, special, exemplary, punitive, or consequential damages, including without limitation lost revenue, lost profits, or lost opportunity, arising out of or relating to any act or omission of Inspire, its service providers, or any of their respective affiliates or agents, or otherwise in connection with or relating to a Promotion or its administration or that result from the use of or inability to use a Promotion or Promotion benefit, whether arising under contract, warranty, tort (including negligence or strict liability), or any other theory of liability, even if Inspire has been made aware of the possibility of such damages.
In addition, Inspire makes no warranty or representation, either express or implied, and expressly disclaims any and all liability and damages with respect to type, quality, or fitness for use of goods or services provided through or in connection with a Promotion or the terms herein or otherwise obtained by you in connection with a Promotion. Notwithstanding anything to the contrary, Inspire’s maximum aggregate liability to you for all claims arising out of or relating to these Promotion Terms or to a Promotion shall not exceed the lesser of (i) the amount paid by you to Inspire over the prior twelve months in connection with the Promotion, and (ii) $10.
5. Miscellaneous. You are solely responsible for reporting Promotion benefits on your tax returns, if applicable, and paying any tax liability relating to any Promotion is solely your responsibility. When laws require Inspire to do so, Inspire will also report Promotions as income to the Internal Revenue Service, as well as to state and local tax authorities.
Inspire may end any Promotion at any time for any reason or no reason, without notice to you unless notice is required under applicable law. Inspire may also in its sole discretion cancel, change, amend, modify, or restrict any Promotion or any aspect, term, or feature of any Promotion or these Promotion Terms at any time without prior notice and for any reason or no reason (subject to any notice requirements under applicable law). You consent to all such changes and agree that they will apply to you and the Promotions.
These Promotion Terms and the documents that they incorporate constitute the entire agreement between you and Inspire with respect to the subject matter of these Promotion Terms and supersede all prior agreements or representations, written or oral, concerning such subject matter; provided, however, nothing herein modifies the terms and conditions of the Electricity Sales Agreement.
The failure by Inspire to enforce any provision of these Promotion Terms shall not constitute a waiver of that provision. You may not assign any of your rights or obligations under these Promotion Terms, in whole or in part, without Inspire’s prior written consent. Inspire may assign its rights and/or obligations under these Promotion Terms, in whole or in part, without your consent.
6. Terms of Individual Promotions. You may be eligible for the following individual Promotions. The following additional terms and conditions apply to such Promotions.
A. Reimbursed Cancellation Fee. Following your enrollment in an eligible service offered by Inspire, you may redeem a reimbursement of up to $150 to cover contract termination or cancellation fees ("Cancellation Fees") charged by your former electricity supplier and paid by you in switching your electricity supply service to Inspire. Your ability to receive this reimbursement is subject to the Electricity Sales Agreement, Promotion Terms, and the terms in this Section 6(B). New York members are not eligible for this promotion at this time.
You are not eligible for this Promotion if: (i) If your service address is in New York State (ii) Inspire determines you are ineligible or unable to enroll in or receive electricity supply services from Inspire; or (iii) you are not, at the time of redemption, enrolled in an Inspire subscription or fixed-rate plan for electricity supply services. Inspire will only reimburse Cancellation Fees paid by you as a direct result of your switching to an Inspire service (for example, Inspire will not pay for fees incurred when you switched to your former electricity supplier). Sales tax on Cancellation Fees will not be reimbursed. In no case will Inspire reimburse more than $150 in Cancellation Fees to a single customer or on any one electricity account.We reserve the right to chargeback any reimbursement redeemed under this Promotion if your electricity service or Inspire account is cancelled, terminated, or closed within six (6) months of redemption.
To redeem your reimbursement under this Promotion, you must contact Inspire Member Experience at 866-403-2620 and provide Inspire any proof of payment it requests. Such proof must be submitted within thirty (30) days of your payment of any Cancellation Fee you seek to have reimbursed.Inspire is not obligated to provide any reimbursement or honor this Promotion if you fail to timely provide Inspire with any information it may request. Reimbursements under this Promotion will be made by any means Inspire deems appropriate, including by check (to be mailed to your address Inspire has on record).
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NOTICE OF CANCELLATION
Date of Transaction:
You may cancel this transaction, without any penalty or obligation, within 3 business days from the above date.
If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within 10 business days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be cancelled.
If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you may if you wish to comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk.
If you do not return the goods available to the seller or if the seller does not pick them up within 20 days of the date of your Notice of Cancellation, you may retain or dispose of the goods without any further obligation.
To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram to Inspire Energy Holdings, LLC at 923 Haddonfield Road, Suite 300; Cherry Hill, NJ 08002 not later than midnight of .
I hereby cancel this transaction.
Date __________
Buyer's Signature __________
Name:
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NOTICE OF CANCELLATION
Date of Transaction:
You may cancel this transaction, without any penalty or obligation, within 3 business days from the above date.
If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within 10 business days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be cancelled.
If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you may if you wish to comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk.
If you do not return the goods available to the seller or if the seller does not pick them up within 20 days of the date of your Notice of Cancellation, you may retain or dispose of the goods without any further obligation.
To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram to Inspire Energy Holdings, LLC at 923 Haddonfield Road, Suite 300; Cherry Hill, NJ 08002 not later than midnight of .