HINO ELECTRIC POWER COMPANY (Certificate # 10060)
TERMS OF SERVICE – “Whole Bunch o” Love ” RESIDENTIAL ELECTRIC SERVICE
The following Terms of Service (the “TOS”) set forth below apply to Customer’s purchase of electric services from Hino
Electric Power Company (“Hino”, also referred to herein as “we”, “our” and “us”). For purposes of this TOS, the term
“Customer” (also referred to herein as “you” or “your”) shall mean either a Residential Customer or Small Commercial
Customer, as applicable. A “Residential Customer” is the applicant for resitIt2ential electric service whose name appears on
the LOA forming part of this Agreement, such person’s spouse, or an authorized agent thereof (as applicable). A “Small
Commercial Customer” is the applicant for non-residential electric service whose name appears on the LOA forming part of
this Agreement or an authorized agent thereof (as applicable), provided (a) the non-residential Customer has a peak demand of
less than 50 kilowatts during any twelve (12) month period; and (b) the non-residential Customer’s load is not part of an
aggregation program with peak demand in excess of 50 kilowatts during any twelve (12) month period.
This TOS, together with your Letter of Authorization (“LOA”), your relevant Electricity Facts Label (“EFL”) and the “Your
Rights as a Customer” disclosure document form the entire agreement between you and us (the “Agreement”). By accepting
electric service from us, you agree to be bound by the terms of this Agreement.
For specific information concerning your electric Product (as hereinafter defined), you should refer to the relevant EFL
applicable to your Product. All references herein to the Public Utility Commission of Texas (“PUCT”) Substantive Rules
Applicable to Electric Service Providers, as amended (the “PUCT Rules”) may be accessed by you online at
http://puc.state.tx.us/rules/subrules/electric.
1.
How Do I Contact Hino?
Hino Electric Power Company, Certificate No. 10060, is a licensed retail electric provider. Any questions regarding this TOS
or your service under the Agreement may be directed to us as follows:
a.
By Phone: Contact one of our customer service representatives by phone at (956) 661-9955 or (956) 4282800 or Toll Free at 1-877-HINOPWR (or 1-866-446-6797). Representatives are available Monday through
Friday from 8:00 a.m. – 5:00 p.m. Central Standard Time and are glad to answer any questions.
b.
By Email: You may direct any questions to us by sending an email to [email protected].
c.
By Fax: You may contact us by fax at (956) 661-9956 or (956) 428-8877
d.
By Mail: You may send correspondence to us by mail at Hino Electric Power Company, P.O. Box 2307,
Harlingen, Texas 78550-2307.
e.
Website: You can visit our website for general provider and Product information at www.hinoelectric.com.
Your contact information is stated in the LOA. It is your responsibility to contact us (as provided above) if any of your contact
information changes in order to ensure that you continue to receive invoices and other notices from us that will be provided
under the Agreement.
2.
How Do I Report an Outage or Other Emergency?
To report electric service interruptions, outages or emergencies, please call the applicable phone number for your
Transmission and Distribution Service Provider (“TDSP”) specified below. You also may call us 24 hours a day, 7 days a
week at 1-866-446-6797. Your TDSP maintains responsibility for the reliability of electricity supply, as set forth in the TDSP
tariffs approved by the PUCT. The TDSP also is responsible for distribution lines, meters and meter data, and the quality of
power entering your Service Address.


AEP Texas Central Company (“AEP Central”): 1-866-237-7722
AEP Texas North Company (“AEP North”): 1-866-223-8508.
1
Version Gen4RSC-TOS “ Whole
Bunch o” Love” 02052015(effective November 2014)




3.
CenterPoint Energy (“CenterPoint”): (713) 207-7777 or 1-800-332-7143
Oncor Electric Delivery Company (“Oncor”): 1-888-313-4747
Texas New Mexico Power (“TNMP”): 1-888-866-7456
Sharyland Utilities, LP (“Sharyland”): (956) 668-9551
What if I Have a Dispute or Complaint With Hino?
If you have any disputes or complaints regarding us or this Agreement, you may contact us by using any of the methods
provided above. If you are not satisfied with our response, you may contact the Public Utility Commission of Texas as
follows:
Public Utility Commission of Texas
Customer Protection Division
P.O. Box 13326
Austin, Texas 78711-3326
Phone: (512) 936-7120 Toll-free: 1-888-782-8477
Fax: (512) 936-7003
E-mail address: [email protected]
Internet website address: www.puc.state.tx.us
TTY: 1-800-735-2988
4.
What if I Need a Copy of My Agreement in Spanish? (¿Qué hago si necesito una copia de mi Contrato en
Español?)
You may obtain the documents forming your Agreement with us in Spanish without charge by contacting Hino at 1-866-4466797. Usted puede obtener los documentos de su Contrato en español comunicándose con nosotros al 1-866-446-6797.
5.
Can I Cancel My Agreement Without Penalty?
IF YOU ARE SWITCHING TO HINO FROM ANOTHER RETAIL ELECTRIC PROVIDER, THEN YOU HAVE
THE RIGHT TO CANCEL THIS AGREEMENT WITHOUT PENALTY WITHIN THREE (3) FEDERAL BUSINESS
DAYS AFTER RECEIVING THESE TERMS OF SERVICE. TO CANCEL, YOU MAY CONTACT US AS
FOLLOWS:
(1) BY PHONE, MONDAY THROUGH FRIDAY BETWEEN 8:00 A.M. AND 5:00 P.M., AT (956) 661-9955
or (956) 428 2800 OR TOLL FREE AT 1-877 HINOPWR (OR 1-866-446-6797);
(2) BY FAX AT (956) 661-9956 OR (956) 428-8877; OR
(3) BY EMAIL AT [email protected].
ANY CANCELLATION REQUEST PROVIDED BY FAX OR EMAIL MUST INCLUDE THE FOLLOWING
INFORMATION: (1) YOUR NAME, ADDRESS AND PHONE NUMBER; (2) YOUR ACCOUNT NUMBER OR ESI
ID NUMBER; AND (3) A STATEMENT THAT YOU WISH TO CANCEL THE AGREEMENT.
6.
What is the Term of My Agreement?
You agree to purchase electric services from us for the ESI ID(s) at the Service Address(es) stated in your LOA during the
Term (as hereinafter defined), and we agree to provide such electric services to you. The type of electric service provided to
you under this Agreement (either the “Variable Price Product” or “Fixed Rate Product”) (in each case, the “Product”) and the
applicable term of service (the “Term”) each shall be as elected by you in the LOA. The Term of this Agreement shall begin
on (i) the date on which your switch to Hino occurs (for a standard switch or self-selected switch, as elected by you in the
LOA); or (ii) the date on which your meter is activated (for a new service/move-in, as elected by you in the LOA) (the
“Effective Date”).
2
Version Gen4RSC-TOS “ Whole
Bunch o” Love” 02052015(effective November 2014)
7.
How Can I Renew My Service?
If your Agreement is for a Term greater than thirty-one (31) days, at least fourteen (14) days prior to the end of your initial
Term we will provide you written notice that your Agreement will expire at the end of the Term. At any time prior to the
expiration of the Term, you may contact us to renew the Agreement and negotiate a new Term based on then-current Variable
Price Products or Fixed Rate Products offered by us. Upon the expiration of the Term, if you have not renewed the Agreement,
then you will continue to receive electric service from us under our default renewal product (our then-available Variable Price
Product) on a month-to-month basis until either you or we terminate service (as permitted herein).
8.
How is My Price Calculated?
a.
What Charges Are Included In My Service Charge?
The EFL for your relevant Product gives examples of the average total monthly price per Kilowatt Hour (“kWh”) of electricity
based on different monthly usage levels. The total monthly price per kWh is the “Service Charge”. The Service Charge
includes (i) our energy charge to supply the Product to you; (ii) all recurring TDSP charges for the delivery of electricity
(including any demand charges for Small Commercial Customers, as hereinafter described); (iii) all recurring Electric
Reliability Council of Texas (“ERCOT”) or Texas Regional Entity (“TRE”) administrative fees charged to us; and (iv) any
other recurring third-party fees.
If you are a Small Commercial Customer, your Service Charge includes any recurring demand charges assessed by your TDSP.
The TDSP calculates your demand charges each month by tracking the flow of electricity to your ESI ID meter over a period of
time, usually 15-minute intervals. During the month, the 15-minute interval with the highest electricity demand is recorded
and used to calculate a demand charge that is specific to your ESI ID. Your TDSP bills us each month for your demand
charges, and in turn, we include these demand charges as part of your Service Charge.
b.
What Charges Are Not Included in My Service Charge?
The Service Charge does not include the following charges, all of which are passed through to you and separately stated on
your invoice (as applicable): (i) any state and local sales taxes or assessments (whether charged by municipalities, the PUCT
or otherwise); (ii) reimbursement for the state miscellaneous gross receipts tax; (iii) non-recurring charges assessed by the
TDSP (e.g., special meter read/test fees, installation and connection fees, disconnection and reconnection fees); and (iv) any
non-recurring charges assessed by us.
A description of certain non-recurring charges assessed by the TDSP relating to a switch, move-in, disconnection or
reconnection that may be passed through to you are set forth in Appendix A. In addition to any non-recurring charges assessed
by the TDSP, you may be responsible for the following non-recurring charges assessed by us (as provided under this
Agreement):
(i)
Insufficient Funds Fee: a $45.00 fee for each returned check and/or electronic payment that was not
processed due to insufficient funds (see Section 10(c) herein);
(ii)
Document Processing Fee: a $10.00 fee for (a) each additional copy of any invoice or statement
previously sent to you, and (b) each credit reference letter or disconnection notice sent to you;
(iii)
Early Termination Fee: for Fixed Rate Products, an early termination fee if you cancel this
Agreement before the end of the Term (see Section 14 herein);
(iv)
Disconnection Fee: a $50.00 fee if your service is suspended or disconnected (see Section 15 herein);
(v)
Reconnection Fee: a $75.00 fee for reconnection of service at your Service Address(es) following
disconnection (see Section 15 herein);
(vi)
Premium Contact Fee: a $10.00 fee to make payments to Hino by telephone with the help of our
customer service representatives;
(vii)
Security Fee: a one time non-refundable fee of $140.00 if you choose not to allow Hino to conduct a
credit check and do not meet the requirements pursuant to Sections 12 and 13 herein;
3
Version Gen4RSC-TOS “ Whole
Bunch o” Love” 02052015(effective November 2014)
9.
10.
(viii)
Convenience Fee: a $5.00 fee for each payment made to Hino by credit card or debit card online
(www.hinoelectric.com) when Customer is not using Hino’s Auto-Pay Program;
(ix)
Agent Assistance Fee: a $5.00 fee for all calls to our customer service number where the Customer is
connected to a customer service representative, unless (i) you are calling to rescind your service with us
pursuant to Section 5 herein, or (ii) you are calling to make a payment by telephone with the help of a
customer service representative, in which case the Premium Contact Fee will apply); or
(x)
Minimum Usage Charge: a $14.95 fee for any service period where usage is less than 1,000 kWh.
Can My Price Change during the Agreement?
a.
Variable Price Product: For a Variable Price Product, your Service Charge may fluctuate on a month-tomonth basis and is subject to change in our sole discretion based on the fluctuation of wholesale market
prices of electricity. If you are enrolled in Hino’s Variable Price Product plan, you may monitor the rates for
the Variable Price Product and view the historical prices of such Product by visiting
http://www.hinoelectric.com or calling us at (956) 661-9955 or Toll Free at 1-877-446-6797 (or 1-866-4466797).
b.
Fixed Rate Product: For a Fixed Rate Product, your Service Charge shall remain fixed throughout the Term
of your Agreement and can only be changed in order to reflect (i) changes to TDSP charges (including
demand charges for Small Commercial Customers, as applicable); (ii) changes to ERCOT or TRE
administrative fees charged to loads; or (iii) changes resulting from federal, state or local laws that impose
new or modified fees or costs on us that are beyond our control.
What Do I Need to Know About My Bills and Payments?
a.
Monthly Invoices: Each month during the Term of your Agreement we will provide you with an invoice
detailing the following fees, costs and/or charges that have accrued during your most recent service period of
approximately thirty (30) days:
i.
All charges that are included in your Service Charge, as described in Section 8(a) herein; and
ii.
All applicable charges that are not included in your Service Charge, as described in Section 8(b)
herein (e.g., taxes, reimbursements for the state miscellaneous gross receipts tax, and other nonrecurring charges assessed by the TDSP and/or us).
You agree to pay all such amounts stated on your bill. Payment of the invoiced amount is due upon your
receipt of the invoice and will be considered past due if not received by us within sixteen (16) days following
the date the invoice was issued (unless such date is not a business day, in which case payment shall be due on
the next business day) (the “Payment Date”).
The amount of your monthly invoice will be based on your actual electricity usage, as determined by the
TDSP meter read cycle for the ESI ID at your Service Address. However, you acknowledge that our ability
to bill you based on actual usage is dependent on the TDSP furnishing us with your actual usage information
for the relevant service period. In the absence of such information from the TDSP, we will bill you based on
estimated usage and your invoice shall state that our calculations are based on estimates. Once we receive
actual meter readings from the TDSP, we will adjust your account accordingly and state such adjustments in
a subsequent invoice.
b.
Auto-Pay Program: By entering into this Agreement, you agree to pay all invoiced amounts owed to Hino
on or before the Payment Date by participating in Hino’s automatic payment plan using a bank draft, a credit
card or a debit card, you agree to receive all bills by electronic mail at the e-mail address you provided in
your application and have chosen to not receive paper bills (the “Auto-Pay Program”). By participating in
Hino’s Auto-Pay Program, you authorize Hino to make debits, credits, withdrawals, and/or other financial
transactions (each a “Transaction”) on or against the form of payment (“Payment Account”) indicated at the
time of your enrollment for electric service or Auto-Pay Program enrollment. Hino will make Transactions
as it deems necessary and consistent with the financial requirements of your electricity account(s) with Hino.
4
Version Gen4RSC-TOS “ Whole
Bunch o” Love” 02052015(effective November 2014)
You will continue to receive a paper and/or electronic copy of your monthly invoice, but your enrollment in
Hino’s Auto-Pay Program preauthorizes Hino to schedule or initiate the payment of your invoice in
connection with your electricity account(s). Auto-Pay Program payments will be scheduled, initiated, and/or
processed against your Payment Account on the business day prior to the Payment Date (the “Processing
Date”). Even if you participate in the Auto-Pay Program, you may choose to pay invoiced amounts earlier
than the Processing Date by using one of the alternative methods listed in Section 10(c), but such payment
may be subject to Hino’s Premium Contact Fee, Convenience Fee and/or other fees described in Section 8(b)
depending on your method of payment. You may cancel your participation in the Auto-Pay Program at any
time without penalty, but making payments by other methods may subject you to fees and/or penalties as
provided elsewhere herein. Hino may cancel this Auto-Pay Program at any time that Hino, in its sole,
exclusive, and unfettered discretion, deems necessary.
c.
Other Payment Methods, Late Payments and Other Penalties: If you choose to pay your invoice by any
method other than through the Auto-Pay Program or to receive paper bills instead of electronic bills, you
agree to pay all invoiced amounts to us on or before the Payment Date by (i) cash, (ii) check, (iii) money
order, or (iv) by credit/debit/ATM card. Payments may be made in person at Hino’s office, or you may use
your credit/debit/ATM card to pay online at www.hinoelectric.com 24 hours a day, 7 days a week. If you
pay online, you may be subject to a Convenience Fee (see Section 8(b)(viii) herein). You can choose to
make a payment by credit/debit/ATM card over the phone by calling one of our customer service
representatives at (956) 661-9955 or Toll Free at 1-877-446-6797 available Monday through Friday from
8:00 a.m. – 5:00 p.m. CST. If you pay by phone, you may be subject to a Premium Contact Fee (see Section
8(b)(vi) herein). You also may pay by credit/debit/ATM card, cash, cashier’s check or money order at an
authorized payment center listed at www.hinoelectric.com. Hours and fees will vary by location. Payments
at unauthorized payment centers will not be accepted by Hino.
You will be charged a $45.00 penalty for each returned check and/or electronic payment that was not
processed due to insufficient funds (see Section 8(b)(i) herein).
If we do not receive your payment by the Payment Date, a late fee of five percent (5%) will be charged on
such past due amount unless you otherwise qualify to receive a low-income discount as described in Section
11(d) herein and Section 25.454 of the PUCT Rules (the “Rate Reduction Program”) (see Section 25.454 at
http://www.puc.state.tx.us/rules/subrules/electric). In addition to any such late fee, your failure to pay may
result in a disconnection of service as provided in Section 15 herein.
You acknowledge and agree that we (or anyone acting on our behalf) reserve the right to assess and collect
from you (whether you are a current or former Hino Customer) any and all costs, fees or charges relating to
the collection of delinquent balances, including but not limited to commissions, costs, fees and attorneys’
fees incurred when recovering outstanding balances through our use of a collection agency or attorney.
11.
Are Alternative Payment Options Available if I Cannot Pay?
If you contact us and indicate your inability to pay or ask for assistance regarding bill payment, we will inform you of all
applicable payment options and billing assistance programs offered by us and the relevant eligibility requirements and
procedures to apply for each program. We currently offer the following alternative payment options:
a.
Balanced Billing Program: Our Balanced Billing Program (the “Program”) allows you to pay
approximately the same electric bill each month for a twelve (12) month period (the “Program Period”). If
you enroll in the program, we will review your usage history for each month of the previous year and apply
your current Service Charge to the usage in each such month. After calculating your expected bills for the
Program Period (based on the previous year’s usage and current Service Charge), we will average all such
monthly bills together in order to reach a balanced bill that you will pay during the Program Period. Your
monthly invoices during the Program Period will show both the actual usage in such month and actual bill
amount, but you only will be required to pay the balanced bill amount. Any difference between your actual
bill amount and balanced bill amount will also be shown on your invoice each month.
At the end of six (6) months in the Program Period, we will review your account to determine if the
originally-calculated balanced bill amount is still accurate. If our review shows that your actual bill amounts
5
Version Gen4RSC-TOS “ Whole
Bunch o” Love” 02052015(effective November 2014)
were more than ten percent (10%) over or under your original balanced bill amount, then we will adjust your
balanced bill amount for the remainder of the Program Period to better reflect your actual usage.
At the end of the Program Period, we will calculate the difference between your actual bill amounts and
balanced bill amounts to determine if an over billing or under billing has occurred during the relevant
Program Period. We will (i) credit your account with respect to any over billing during the Program Period;
(ii) charge your account for any amount that was under billed during the Program Period; and (iii) recalculate
your balanced bill amount for the upcoming Program Period based on such adjusted Service Charges. The
Program does not affect your obligation to pay us all actual bill amounts for the Program Period.
To be eligible for our Balanced Billing Program, you (i) must not be delinquent in any outstanding payments
owed to us; and (ii) must have at least twelve (12) months remaining in the Term of your Agreement. You
will be ineligible to continue participation in the Balanced Billing Program if you are delinquent in making
payments to us during the Program Period. All payments made under the Balanced Billing Program are
subject to the terms and procedures of Section 10 herein, including our right to assess any late fees and take
collection actions with respect to any late payments.
b.
Payment Assistance Program: Our Payment Assistance Program may be available to you if you are a
Residential Customer and meet certain eligibility requirements, such as severe financial hardship and
temporary inability to pay amounts due and owing to us. We offer all of our Customers the opportunity to
voluntarily contribute to the Payment Assistance Program on their invoice in order to assist qualifying
Residential Customers. Distributions of funds through the Payment Assistance Program shall not be made in
a discriminatory manner based on a Customer’s race, creed, color, national origin, ancestry, sex, marital
status, lawful source of income, disability, familial status, location of Customer in an economically distressed
geographic area, or qualification for the Rate Reduction Program.
Additionally, if you are a Residential Customer and receive food stamps, Medicaid, Temporary Assistance
for Needy Families (“TANF”) or Supplemental Security Income (“SSI”) from the Texas Health and Human
Services Commission (“THHSC”), or if your combined household income does not exceed one hundred
twenty-five percent (125%) of federal poverty guidelines, you may qualify for energy assistance from the
Texas Department of Housing and Community Affairs (“TDHCA”). For more information, you may contact
TDHCA by email at [email protected], by phone at 1-800-525-0657, by fax at 1-800-733-5120, or by
mail at TDHCA, P.O. Box 13941, Austin, Texas, 78711-3941.
c.
Deferred Payment Plan: If you are unable to pay an invoice when due, you should contact us to determine
whether you qualify for Hino’s Deferred Payment Plan. The Deferred Payment Plan allows you to pay an
outstanding bill in installments that extend beyond the Payment Date of your current invoice. Even if you are
unable to pay your invoice, you are not eligible for our Deferred Payment Plan if you (i) have been issued
more than two (2) disconnection notices during the preceding twelve (12) months; or (ii) have received
service from us for less than three (3) months, and you lack (a) sufficient credit; or (b) a satisfactory payment
history of payment for electric service from a previous REP (or a predecessor electric utility). You will be
eligible for our Deferred Payment Plan, upon your request, if (i) the Payment Date for your invoice occurs
during an extreme weather emergency; or (ii) you have been under-billed in the amount of $50.00 or more
(unless due to theft of service). All Deferred Payment Plans shall be confirmed in writing between us and
you, and a copy shall be provided to you for your records. If you do not abide by the terms of your Deferred
Payment Plan, then we may have the right to disconnect your service as discussed in Section 15 herein.
d.
Rate Reduction Program (LITE-UP Program): If you are a Residential Customer and receive food
stamps or medical assistance (such as Medicaid) from the THHSC, or if your combined household income
does not exceed 125% of federal poverty guidelines, you may qualify for the Low-Income Telephone &
Electric Utilities Texas Program (the “LITE-UP Program”). If you qualify under the LITE-UP Program, we
will provide you with a special low-income discount rate, subject to funding approved by the Texas
Legislature. More information regarding the LITE-UP Program, including enrollment guidelines, may be
found
in
Section
25.454
of
the
PUCT
Rules
(see
Section
25.454
at
http://www.puc.state.tx.us/rules/subrules/electric). You may also contact us directly for more information
regarding these discounts and eligibility requirements.
6
Version Gen4RSC-TOS “ Whole
Bunch o” Love” 02052015(effective November 2014)
12.
Do I Have to Meet Any Credit Requirements to Receive Service?
We may require you to demonstrate and maintain satisfactory credit as a condition of providing service to you under this
Agreement in accordance with our internal credit policies (“Credit Requirements”), and you authorize us to access and use
information about you in order for us to review your credit history. If you are a Residential Customer, you will be deemed to
have satisfactory credit and meet our Credit Requirements if you (i) are 65 year of age or older and are not currently delinquent
in payment of any amounts owed to us; or (ii) provide a certification letter developed by the Texas Council on Family Violence
evidencing that you are determine to be a victim of family violence.
13.
Do I Owe Hino a Deposit?
If you are a new Customer, you may be required to pay Hino an initial deposit prior to initiation of service on the Effective
Date if you do not meet our Credit Requirements. If you are an existing Customer receiving a new Product from us, you also
may be required to pay us a deposit prior to initiation of service if, during the last twelve (12) months of service, you (i) were
late paying a bill more than once; or (ii) had service terminated or disconnected for nonpayment. Moreover, during the Term
of our Agreement, you may be required to pay us an additional deposit to continue to receive electric service if (i) the average
of your actual billings for the last twelve (12) months is at least twice the amount of the original average of your estimated
annual billings when you initiated service with us; and (ii) a termination or disconnection notice has been issued to you or your
account has been disconnected within the previous twelve (12) months.
If you are a Residential Customer, the total amount of all deposits required from you (whether an initial deposit or additional
deposit) shall be no greater than (i) one-fifth (1/5) of your estimated annual billing; or (ii) the sum of your estimated billings for
the next two (2) months. If you are a Small Commercial Customer, the total amount of all deposits required from you shall be
no greater than (i) one-fourth (1/4) of your estimated annual billing; or (ii) the sum of your estimated billings for the next three
(3) months. Cash deposits shall accrue interest at the rate specified by the PUCT if such deposit is held for more than thirty
(30) days.
In accordance with Section 25.478(e)(3) of the PUCT Rules (see Section 25.478(e)(3) at
http://www.puc.state.tx.us/rules/subrules/electric), if you are a Residential Customer and qualify for the LITE-UP Program, a
deposit exceeding fifty dollars ($50) may be made to us in two (2) equal payments.
Your deposit will be refunded (i) when you have not had any late payments for (a) twelve (12) consecutive billings (if you are
a Residential Customer); or (b) twenty-four (24) consecutive billings (if you are a Small Commercial Customer); or (ii)
following the closing of your account(s) and the payment of any outstanding invoices, in each case pursuant to Section 25.478
of the PUCT Rules (see Section 25.478 at http://www.puc.state.tx.us/rules/subrules/electric).
14.
What Happens if I Terminate My Agreement Early?
The Term of this Agreement is elected by you in the LOA and stated in your EFL. If you cancel or terminate this Agreement
before the end of the Term by providing notice to us pursuant to Section 1 herein (including a switch to a new retail electric
provider), then we may charge you the early termination fee stated in your EFL (if any) and pursue any other remedies
available to us relating to this Agreement at law or in equity. However, if you (i) cancel or terminate this Agreement as the
result of a move to another location; and (ii) provide us with evidence of your move, such as a forwarding address or any other
reasonable evidence that you no longer occupy your Service Address, then you will not be obligated to pay us any early
termination fee. You will remain obligated to pay us any outstanding amounts then due and owing under the Agreement.
15.
When Can My Service Be Disconnected?
We may request disconnection of your electric service if you (i) do not pay us any amount owed pursuant to Sections 10 and/or
11 (or do not make a deferred payment arrangement with us pursuant to Section 11); or (ii) do not pay us any required deposit
pursuant to Section 13, in each case by the disconnection date stated on the disconnection notice that we send to you.
However, we will not order the TDSP to disconnect your electric service for non-payment of any legitimately disputed
amount(s).
At least ten (10) days prior to disconnecting your service, we will provide you proper notification and an opportunity to avoid
disconnection by paying outstanding invoices or delivering any outstanding deposit. If payment of the invoiced amounts or
required deposit is not received by us on or before the disconnection date stated in the disconnection notice, then you will be
charged a fifty dollar ($50) disconnection fee by us (regardless of whether service is actually disconnected by the TDSP). In
addition, you will be charged a seventy-five dollar ($75) reconnection fee in the event that we process a reconnection
transaction to the ESI ID at your Service Address. Such disconnection and reconnection fees charged by us are in addition to
7
Version Gen4RSC-TOS “ Whole
Bunch o” Love” 02052015(effective November 2014)
any disconnection and reconnection fees that may be billed by your TDSP. If you do not pay any past-due balance within ten
(10) days of your service being disconnected, your account with us may be deactivated, and in addition to being responsible for
any outstanding fees and charges, you may be required to reapply for service with us and pay a new deposit.
Pursuant to Section 25.483(d) of the PUCT Rules, we may immediately disconnect your electric service without giving you
prior notice under certain circumstances, such as the existence of a known dangerous condition on the premises or theft of
service (see Section 25.483(d) at http://www.puc.state.tx.us/rules/subrules/electric).
16.
Can Hino Refuse to Provide Service to Me?
We may refuse to provide electric service to you for one or more of the reasons specified in Section 25.477 (“Refusal of
Electric Service”) of the PUCT Rules (see Section 25.477 at http://www.puc.state.tx.us/rules/subrules/electric). If we deny you
service, you will be notified of the reason(s). However, we will not deny service or require a prepayment or deposit for service
based on your race, creed, color, national origin, ancestry, sex, marital status, lawful source of income, level of income,
disability, familial status, your location in a distressed geographical area, or qualification for low-income or energy-efficiency
programs and services. If you are a Residential Customer, we will not use a credit score, a credit history, or utility payment
data as the basis for determining the price for electric service for a Product with a Term of twelve (12) months or less.
17.
What if I Am Ill or Disabled?
If you are a Residential Customer and an interruption or suspension of your electric service will create a dangerous or lifethreatening condition, you may qualify as a “Critical Care Residential Customer.” Upon your request, we will provide to you
a standardized Critical Care Eligibility Determination Form, which you must complete and return to us. The critical care
request is evaluated and approved by your TDSP; provided, you may appeal such determination to the TDSP. If you are not
satisfied with the results of such appeal, you may file a complaint with the PUCT. If approved, the designation is valid for one
(1) year, and we will send you a renewal application prior to the expiration of your designation. Qualification as a Critical
Care Residential Customer does not relieve you of the obligation to pay us for electric services provided. However, a Critical
Care Residential Customer that needs payment assistance should contact us immediately regarding possible deferred payment
options and other assistance that may be offered.
18.
Is Hino Always Obligated to Supply Electricity to Me?
We will make commercially reasonable efforts to supply electricity to you, but we do not guarantee a continuous supply of
electricity. You acknowledge that certain events outside of our control (“Force Majeure Events”) may result in service
interruption. You agree that we will not be held liable for a failure to deliver you electricity during a Force Majeure Event
including, but not limited to, acts of God, acts of any court or government authority (including the PUCT or ERCOT),
accidents, strikes, labor disputes, required maintenance work, inability to access the TDSP or ERCOT systems,
nonperformance by the TDSP or ERCOT, or any other cause beyond our control. If a Force Majeure Event occurs which
renders us unable to perform in whole or in part under this Agreement, then we will be excused from performance for the
duration of such event.
19.
Other General Provisions
a.
Regulatory Changes
The price and terms of this Agreement are based on the laws, rules, tariffs and protocols in place at the time of execution. If,
during the term of this Agreement, the PUCT, ERCOT, the Texas Comptroller’s Office or any other government body or
agency with jurisdiction over the Texas electricity market or retail electric providers operating in Texas approves changes
which impact the cost to provide electricity service to you (including, but not limited to, the implementation by ERCOT of a
nodal market in Texas), we reserve the right to adjust the prices, terms, rates, riders, fees, tariffs or any other charges under this
Agreement accordingly pursuant to Section 25.475(d) of the PUCT Rules (see Section 25.475 at
http://www.puc.state.tx.us/rules/subrules/electric).
b.
Limitation of Liability
YOU AGREE THAT EVENTS OF FORCE MAJEURE MAY RESULT IN INTERRUPTION IN YOUR SERVICE
AND THAT WE WILL NOT BE LIABLE TO YOU FOR THOSE INTERRUPTIONS. YOU ALSO AGREE THAT
(1) WE ARE NOT RESPONSIBLE FOR GENERATING YOUR ELECTRICITY OR FOR TRANSMITTING OR
8
Version Gen4RSC-TOS “ Whole
Bunch o” Love” 02052015(effective November 2014)
DISTRIBUTING ELECTRICITY TO YOUR SERVICE ADDRESS; AND (2) WE ARE NOT RESPONSIBLE WITH
RESPECT TO ANY THIRD-PARTY SERVICES. TO THE EXTENT THAT EITHER PARTY IS RESPONSIBLE
FOR DAMAGES TO THE OTHER PARTY HEREUNDER, THEN, EXCEPT AS EXPRESSLY PROVIDED
HEREIN, ANY SUCH DAMAGES WILL BE LIMITED TO DIRECT ACTUAL DAMAGES AS THE PARTY’S
SOLE AND EXCLUSIVE REMEDY, AND EACH PARTY WAIVES ALL OTHER REMEDIES AT LAW OR IN
EQUITY. NEITHER PARTY WILL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE,
EXEMPLARY OR INDIRECT DAMAGES, INCLUDING LOST PROFITS OR OTHER BUSINESS
INTERRUPTION DAMAGES, WHETHER IN TORT, CONTRACT OR OTHERWISE. THESE LIMITATIONS
WILL BE WITHOUT REGARD TO CAUSE, INCLUDING THE NEGLIGENCE OF EITHER PARTY.
c.
Representations and Warranties
We represent that the electricity sold under this Agreement will meet the quality standards of your applicable local TDSP and
will be supplied from a variety of sources. WE MAKE NO REPRESENTATIONS OR WARRANTIES OTHER THAN
THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT, AND EXPRESSLY DISCLAIM ALL OTHER
WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. You represent that it you are entering into this Agreement as principal and
not as agent for any other party and that the person signing this Agreement on behalf of you (if applicable) has the authority to
bind you to this Agreement. Hino and Customer acknowledge and agree that this Agreement is a “forward contract” and that
Hino is a “forward contract merchant”, each as defined in the U.S. Bankruptcy Code.
d.
Title, Risk of Loss and Indemnity
You shall be deemed to be in exclusive control (and responsible for any damages or injury caused thereby) of the electricity
after it reaches your electric meter. Title to and risk of loss related to the electricity shall transfer from us to you at the point
where the TDSP facilities interconnect with your meter. You shall indemnify, defend and hold us harmless from any and all
claims for any loss, damage, or injury to persons or property, including without limitation, all consequential, exemplary, or
punitive damages arising from or related to any act or incident occurring after title to the electricity has passed to you.
e.
Assignment
This Agreement shall inure to the benefit of Hino and Customer and their permitted successors and assigns. You may not
assign this Agreement without our prior written consent, which consent shall not be unreasonably withheld. You hereby
acknowledge and consent to our pledge and contingent assignment or subrogation of all rights and obligations hereunder.
Upon any such assignment by us, you agree that we shall have no further obligations hereunder. You acknowledge that we
have entered into electricity supply arrangements with Energy America, LLC (“Supplier”), and you agree that we may assign
our rights and obligations under this Agreement to Supplier or any affiliate of Supplier that is licensed as a retail electric
provider in the State of Texas without your prior written consent. In the event any other provision of this Agreement shall be
deemed to prohibit or otherwise restrict our ability to assign, subrogate or pledge any of our rights hereunder, this provision
shall control.
f.
Amendments
We may make changes to the terms of this Agreement only as permitted in Section 25.475(d) of the PUCT Rules (see Section
25.475 at http://www.puc.state.tx.us/rules/subrules/electric). For changes to the TOS, we will provide you at least fourteen
(14) days prior written notice before the date that the change takes effect (unless our change is beneficial to you).
g.
Choice of Law and Jurisdiction
This Agreement shall be governed by Texas law and exclusive jurisdiction and venue for any controversy arising from or
relating to this Agreement will be located in the state courts of Cameron County, Texas or the federal courts in the Southern
District of Texas having jurisdiction over such action (and each party waives any right to object to venue in this regard).
h.
Entire Agreement
This Agreement contains all terms, conditions and agreements in any way related to, or arising out of, the sale and purchase of
electricity between us and you. This Agreement supersedes all prior agreements between us and you, whether written or oral.
9
Version Gen4RSC-TOS “ Whole
Bunch o” Love” 02052015(effective November 2014)
APPENDIX A TO TERMS OF SERVICE
TDSP NON-RECURRING FEE SCHEDULE
(as of March 1, 2013)1
The table below sets forth examples of standard non-recurring fees charged by your TDSP as of March 1, 2013. The TDSP
fees stated below are for informational purposes only and are subject to change by your TDSP. All non-recurring TDSP
charges are passed through to you and will be included in your invoice with no additional mark up by us. You will pay the
same TDSP fees no matter which REP you choose to provide your electric service.
The following abbreviations and definitions used in the fee schedule have the meanings set forth below:
MVI:
Move In
Install:
New Meter Installation
PMVI:
Priority Move In (less than 24-48 hours of notice)
Self-Selected Switch
Switch occurring on the date requested by you in the LOA if such date is an available switch
date, or if such date is not an available switch date, the first available switch date thereafter
DNP:
Disconnection Payment
RNP:
Reconnection Payment
PRNP:
Priority Reconnection Payment
W/E RNP:
Weekend Reconnection Payment (in addition to standard RNP, if reconnection is needed on a
weekend)
TDSP
AEP CENTRAL
SHARYLAND
Self-Contained
Central Transformer
Self-Contained
Central Transformer
MVI
6.00
102.00
21.00
36.00
Install
47.00
301.00
21.00
36.00
PMVI
13.00
152.00
51.00
66.00
Self-Selected
Switch
DNP
3.00
3.00
7.00
7.00
4.00
56.00
21.00
36.00
RNP
4.00
56.00
21.00
21.00
PRNP
11.00
107.00
21.00
21.00
W/E RNP
13.00
107.00
51.00
51.00
1
Note to Draft: Hino to confirm whether this fee schedule needs to be updated.
10
Version Gen4RSC-TOS “ Whole Bunch o” Love” 02052015(effective November 2014)
TDSP
AEP NORTH
CENTERPOINT
Self-Contained
Central Transformer
Self-Contained
Central Transformer
MVI
2.00
102.00
16.00
144.00
Install
47.00
301.00
103.00
343.00
PMVI
13.00
152.00
36.00
296.00
Self-Selected
Switch
DNP
1.00
1.00
5.00
5.00
12.00
58.00
9.00
61.00
RNP
0.00
58.00
9.00
61.00
PRNP
7.00
110.00
34.00
187.00
W/E RNP
8.00
110.00
34.00
187.00
TDSP
ONCOR
TNMP
Self-Contained
Central Transformer
Self-Contained
Central Transformer
MVI
3.20
57.65
54.00
138.00
Install
11.35
75.95
60.00
As Calculated
PMVI
10.35
103.90
79.00
255.00
Self-Selected
Switch
DNP
1.80
1.80
23.00
23.00
2..30
35.55
28.00
91.00
RNP
2.70
40.40
29.00
94.00
PRNP
5.30
65.60
54.00
94.00
W/E RNP
25.00
116.10
160.00
196.00
For a complete and current list of TDSP charges that may be passed through to you on your invoice, please visit your TDSP’s
website at the address stated below:
TDSP
AEP Central
Website Link for TDSP Charges
http://www.aep.com
TDSP
Sharyland
Website Link for TDSP Charges
http://www.sharylandutilities.com
AEP North
http://www.aep.com
CenterPoint
http://www.centerpointenergy.com
Oncor
http://www.oncor.com
TNMP
11
Version Gen4RSC-TOS “ Whole
Bunch o” Love” 02052015(effective November 2014)
http://www.tnmp.com