SMART BUDGET DISCLOSURE STATEMENT – V.5 This is an agreement (“Agreement”) for electricity generation supply services, between IDT Energy, Inc. (“IDT Energy”) and «FIRST_NAME» «LAST_NAME» (“Customer” or “you”) «ADDRESSLINE1» «CITY», «STATE» «ZIP» IDT Energy is licensed by the Pennsylvania Public Utility Commission to offer and supply electric generation services in Pennsylvania. IDT Energy’s PUC license number is A-2009-2134623. Your generation prices and charges will be set by IDT Energy. The Public Utility Commission regulates distribution prices and services. The Federal Energy Regulatory Commission regulates transmission prices and services. You will continue to receive your bill from your Electric Distribution Company (EDC) for all supply and delivery charges. Your EDC will continue to provide all emergency repairs and services. Right of Rescission - You may cancel this Agreement at any time before midnight of the third business day after receiving this Disclosure Statement. To do so, you may contact IDT Energy at 520 Broad Street, Newark, NJ 07102, by phone at 877-887-6866, or by email at www.idtenergy.com/contact/. Definitions - Generation Charge - Charge for production of electricity. Transmission Charge - Charge for moving high voltage electricity from a generation facility to the distribution lines of an electric distribution company. Fixed Price Plan - By enrolling with IDT Energy you will receive a fixed price for your electricity as set forth on your Contract Summary. This price may be higher or lower than the EDC’s price in any particular month. This price will be effective starting with your first date of service with IDT Energy and will remain fixed for the Initial Term described in your Contract Summary (“Initial Term”). For each monthly billing cycle, your price for the electricity supplied will be calculated by multiplying: 1) the fixedprice set forth on your Contract Summary, by 2) the amount of electricity consumed as provided by your EDC’s actual or estimated meter reads. Renewal – Prior to the end date of your Initial Term, or whenever we propose to change the terms of service in any type of contract, you will receive two separate written notifications that precede either the expiration date or the effective date of the proposed changes. These notifications will explain your options going forward. If you do not respond to the notifications, your service with IDT Energy will continue and this Agreement may automatically rollover to another fixed term (“Renewal Term”) or otherwise, as set forth in the notifications. Renewable Energy Supply Option - “Renewable” energy refers to energy that is generated from renewable sources, such as solar, wind, water or biomass. If a customer chooses a renewable supply option, IDT Energy will ensure that 100% of the customer’s electricity usage is matched with renewable energy certificates or renewable energy attributes. IDT Energy shall have up to 24 months from the end of each calendar year to address any deficiency that may have arisen in the renewable content of electricity sold under this Agreement during such calendar year. If you wish to remove the renewable energy supply option, please contact IDT Energy Customer Service at 877-887-6866. Termination and Early Termination Fees – If there is a material adverse change in your business or financial condition (as determined by IDT Energy in its discretion) or if you fail to meet your obligations under this Agreement, then, in addition to any other remedies that it may have, IDT Energy may terminate this Agreement. Common reasons for IDT Energy to cancel this Agreement would include: Non-Payment – If your electricity is terminated by your EDC, then this Agreement is cancelled on the date that your electric service is terminated. You will owe us for amounts unpaid for our charges for electricity generation service up to the date of termination. Customer Move – If Customer moves from the address listed above, this Agreement is cancelled. If IDT Energy terminates this Agreement for any reason other than for your non-payment, IDT Energy will follow applicable rules in providing notice to you. There is no Early Termination Fee for this Agreement. Payment Provisions - All regular payments are to be made to your EDC. Any unpaid amounts may be subject to late payment charges. Your EDC may request a security deposit for amounts which include supplier charges. Your EDC maintains the right to terminate service for any unpaid utility or supplier charges, pursuant to the Pennsylvania Public Utility Commission’s regulations. Entire Agreement - This Agreement, including the Contract Summary and any attached enrollment form, constitutes the entire agreement between you and IDT Energy. You acknowledge that you are not relying on any advice, statements, recommendations or representations of IDT Energy or its Sales personnel other than the written statements in this Agreement and that you have made your own decision to enter into this Agreement. Dispute Procedures - Contact us with any questions concerning our terms of service at 877-887-6866. If you are not satisfied after discussing your terms with us you may call or write the Public Utility Commission (PUC), PO Box 3265, Harrisburg, PA 171053265, 800-692-7380. Mandatory Arbitration and Class Action Waiver - Any dispute, controversy or claim arising out of, or related to, IDT Energy’s services under this Agreement that is not resolved directly between the parties or by the PUC (collectively, the “Claims”), shall be resolved by arbitration before the American Arbitration Association (“AAA”) conducted under the AAA Commercial Rules and the Consumer-Related Disputes Supplementary Procedures. BY ENTERING INTO THIS AGREEMENT, YOU ARE GIVING UP YOUR RIGHTS TO SEEK REMEDIES IN COURT, AND THE RIGHT TO A JURY TRIAL. THE ABILITY TO CONDUCT DISCOVERY IN ARBITRATION IS LIMITED AND THE ARBITRATOR’S DECISION IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. THE AAA SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY PORTION OF THIS ARBITRATION PROVISION. THE PARTIES AGREE THAT ALL CLAIMS INCLUDING STATUTORY, STATE OR FEDERAL CLAIMS, MAY BE MADE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT DOES NOT PERMIT CLASS ACTIONS, EITHER IN ARBITRATION OR THROUGH AN ADMINISTRATIVE OR COURT PROCEEDING. FURTHER, CUSTOMER WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. AAA MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IN THE EVENT THE PROHIBITION ON CLASS ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION WILL REMAIN IN FORCE. JUDGMENT ON THE ARBITRATOR’S AWARD CAN BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE, AND THUS THE FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. Contact Information: Supplier: IDT Energy, 520 Broad Street, Newark, New Jersey 07102, 877-887-6866, www.idtenergy.com Public Utility Commission, PO Box 3265, Harrisburg, PA 17105-3265, 800-692-7380 Electric Distribution Co. (Default Service Provider) – Emergency Number /Universal Service Programs Duquesne Light Co., 411 7th Ave., Pittsburgh, PA 15219 888-393-7000 / 888-393-7600 Metropolitan Edison P.O. Box 368, Akron, OH 44309 888-544-4877 / 800-545-7741 PECO, 2301 Market St, Philadelphia, PA 19101 800-841-4141 / 800-774-7040 Penelec, P.O. Box 368, Akron, OH 44309 888-544-4877 / 800-545-7741 Penn Power Co., P.O. Box 368, Akron, OH 44309 888-544-4877 / 800-545-7741 PPL, 827 Hausman Rd, Allentown, PA 18104-9392 800-342-5775 / 800-342-5775 West Penn Power, P.O. Box 368, Akron, OH 44309 888-544-4877 / 800-545-7741 IDT ENERGY 520 BROAD STREET, NEWARK, NEW JERSEY 07102 1-877-887-6866 SMART BUDGET CONTRACT SUMMARY V.5 This document summarizes the key terms of your contract with IDT Energy, Inc. (“IDTE”) Electric Generation Supplier Information Price Structure IDT Energy, Inc., 520 Broad Street, Newark, NJ 07102 877-887-6866 www.IDTEnergy.com You have chosen IDTE as your electric generation supplier. IDTE is not affiliated with your electric distribution company (“EDC”). IDTE is responsible for the electric generation charges on your bill. These charges will appear on your EDC bill separate and apart from your EDC’s distribution charges for delivering your electricity. With IDTE’s Fixed Price Program your price will be effective starting with your first date of service with IDTE and will remain fixed for all bills issued within <<Insert Term>> months of your starting date (the “Initial Term”). This price may be higher or lower than the EDC’s price in any particular month. Generation/Supply Price Your electricity supply price with IDTE during the Initial Term will be <<Rate>> ¢/kWh. Statement Regarding Savings IDTE’s price for electric supply may be higher or lower than your EDC’s price in any particular month. There is no guarantee of savings. Deposit Requirements IDTE does not require any deposit. Contract Start Date Your IDTE electric supply service will begin on the date set by your EDC. ContractTerm/ Length/Renewal The Initial Term of the Agreement is <<Insert Term>> monthly billing cycles. Prior to the expiration of your Initial Term you will receive two separate written notifications from IDTE. These notifications will explain your options going forward. If you do not respond to the notifications, your service with IDTE will continue and the Agreement may automatically rollover to another fixed term (“Renewal Term”) or otherwise, as set forth in the notifications. You may rescind the Agreement at any time during the three (3) business days following receipt of the Disclosure Statement. To do so, contact IDT Energy at 520 Broad Street, Newark, NJ 07102, by phone at 877-887-6866, or by email at www.idtenergy.com/contact/. Cancellation/Early Termination Fees Electric Distribution Company There is no Termination Fee for this Agreement. All cancellations will be handled promptly, but it may take several days to switch suppliers. The EDC is responsible for distribution charges on your bill. EDCs respond to emergencies and provide other basic utility services as required. Please contact the EDC in the event of an emergency such as a power outage. <<EDC CONTACT INFORMATION INSERTED HERE>> See the Disclosure Statement for complete terms and conditions. Consumer Bill of Rights The Pennsylvania Public Utility Commission (PUC) makes available the following Consumers Bill of Rights, applicable to Pennsylvania State residents who choose to purchase their energy from an Energy Supplier. As a Pennsylvanian, you may be able to choose your electric generation supplier and natural gas supplier in areas where competitive supplies are offered. Consumers may be able to secure supply rates below the prices offered by their utility. Consumers are encouraged to proactively engage competitive suppliers -- unregulated by the PUC -- to obtain pricing information for the generation portion of their bill. Competitive offers may not be available in all areas. If you choose to purchase energy from an Energy Supplier in Pennsylvania you are entitled to: The right to a “price to compare” from both the utility and competitive supplier so you are able to make an “apples-to-apples” comparison The right to receive the benefits of new services, technological advances, improved efficiency and competitive prices The right to be protected from unfair, deceptive, fraudulent and anti-competitive practices of providers of electric and natural gas service The right to expect that the quality, reliability and maintenance of your electric and natural gas distribution service should not change and is still monitored by the PUC The right to unbiased, accurate and understandable information to help shop for power and to save money in the deregulated environment The PUC has practical tips on its website that you can use to reduce your energy usage: http://www.puc.state.pa.us/general/consumereducation.aspx. For more information and a list of suppliers, see the PUC’s website at www.puc.state.pa.us and the state Office of Consumer Advocate’s Electric Shopping Guide and Natural Gas Shopping Guide at: http://www.oca.state.pa.us or call the Office of Consumer Advocate at 1-800-684-6560. By entering this Sales Agreement & Letter of Authorization electronically, I authorize IDT Energy to enroll me in the rate plan indicated on this form and initiate service under the terms and conditions of IDT Energy's Sales Agreement. I agree to purchase energy supply from IDT Energy beginning on the date the change in provider to IDT Energy is affected by the utility. I designate IDT Energy as my agent for receiving customer billing information from the local distribution company (LDC), and for procuring and scheduling the transmission and ancillary services necessary to deliver electricity and/or natural gas purchased by IDT Energy from the LDC system. I acknowledge that I have read and accept all IDT Energy® service Terms & Conditions. Electronic acceptance of these terms of service is a Sales Agreement to initiate service and begin enrollment. This agreement authorizes IDT Energy to obtain account information from the utility company. I may cancel my authorization for any reason by calling toll-free at 877-887-6866 within the time frame listed below: New York: three (3) business days New Jersey: seven (7) business days Pennsylvania: three (3) business days Illinois: ten (10) business days Maryland: three (3) business days District of Columbia (DC): three (3) business days If not cancelled within the above listed timeframe from date of entry, this Sales Agreement will be considered accepted. I may rescind authorization for release of my information at any time. I understand that my LDC will continue to respond to leaks or other emergencies should they occur. I confirm that I am at least 18 years of age or older and have the authority to make changes to the account(s) listed.
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