Terms and Conditions
GENERAL TERMS AND CONDITIONS
1. PARTIES. This agreement (“Agreement”) is entered into by and between Sustainergy, LLC (“SSTN”) and you (“You” or the “Subscriber”) (each individually, a “Party,” and collectively, the “Parties”). By entering into this Agreement, You agree to the terms and conditions set forth herein.
(a) SSTN. SSTN (or its designee) will operate and maintain a solar photovoltaic installation (a “System”), deliver the energy generated by the System to the regulated electric utility in your coverage area (the “Electric Utility”), and instruct the Electric Utility to allocate a portion of any electricity and associated Value of Distributed Energy Resource bill credits (“Bill Credits”) generated from the System to You. These Bill Credits will be applied to your electric account by your utility each month to offset the electricity charges that appear on your bill.
(b) Subscriber. SSTN will allocate Bill Credits to Your accounts each month, as described in Section 2 and Section 3 of this Agreement.
2. APPLICATION OF BILL CREDITS. The total value of the Bill Credits applied to Your accounts will be determined by the Electric Utility and reflected on Your electric bill. The Electric Utility is solely responsible for calculating the value of the Bill Credits to apply to Your account in accordance with the rate structures established by the New York Department of Public Service and the Electric Utility’s tariff, rules, and requirements (collectively, the “Tariff”), or applicable law, and shall be conclusive.,
3. PROGRAM MECHANICS.
(a) Through this Agreement You will participate in a community distributed generation (CDG) program established by the State of New York (the “Program”). The Program enables You to receive Bill Credits on Your electric bill for energy delivered by a solar energy facility to the Electric Utility, as follows:
(i) Based on Your historical electricity usage, SSTN will allocate a portion of the System’s electricity output (“Percentage Allocation”) to any or all account(s) with the Electric Utility chosen by SSTN that are owned by You, eligible under the Program, and associated with a service address (the “Service Address”) in the Electric Utility’s service territory (any such account, “Your Electric Utility Account”), and SSTN will inform the Electric Utility of the Percentage Allocation.
(ii) Each month, the Electric Utility will apply any Bill Credits arising from electricity generated by the System under the Program to Your Electric Utility Account bill in accordance with the rate structures established by the New York Department of Public Service and the Tariff, based on the total energy generation of the System (in kWh), and Your Percentage Allocation .
(iii) You will receive the percentage of Bill Credits identified above in the Summary of Terms. Your Electric Utility will apply the Bill Credits to the electricity charges on your utility bill so that your total electricity charges each month that you participate in the Program under this Agreement will be reduced by that value.
(b) Reporting. Upon written request, SSTN will send You a report each month and once each year setting forth the total amount of Bill Credits You have received (in both dollars and kWh).
(c) Adjustments. You agree that SSTN may (in its sole discretion) modify the Percentage Allocation to (i) comply with this Agreement or the rules governing the Program, the Tariff, or applicable law or (ii) maximize or reduce allocations of Bill Credits to You, subject to available System capacity and the requirements of the System’s other subscribers. You further agree that SSTN may allocate any excess Bill Credits accumulated by the System (“Excess Bill Credits”) to You and bill You for any Bill Credits should Provider not be able to via the Electric utility, subject to the rules governing the Program, the Tariff, and applicable law. In the event that Bill Credits are misapplied to your account You agree that SSTN and/or Your Electric Utility may issue a credit or charge to correct the misapplication.
4. EFFECTIVE DATE; TERM; RENEWAL.
(a) Effective Date. This Agreement becomes effective on the date that it is signed or otherwise authenticated by You (the “Effective Date”).
(b) Service Term. The initial service term shall commence on the first day of the first month for which the Electric Utility has applied a Bill Credit to Your Electric Utility Account (the “Service Term Start Date”). The initial service term shall expire on the anniversary of the Service Term (as noted in the Summary of Terms) Start Date (the “Initial Service Term” and together with any Renewal Term, the “Service Term”).
(c) Renewal. Unless terminated by either party prior to the end of the Initial Service Term, this Agreement shall automatically renew, and the Service Term shall automatically renew on a year to year basis (the “Renewal Term”) until the earlier of (i) a termination by You or SSTN in writing to the other Party at least ninety (90) days in advance of the last day of the Service Term and (ii) the thirtieth (30th) anniversary of the Service Term Start Date.
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7. TAXES.
(a) Federal Tax Matters.Subscriber and SSTN agree that (i) the purchase and sale of the services described in this Agreement (the “Services”) shall be treated as a service contract pursuant to Internal Revenue Code Section 7701(e) and (ii) the transactions contemplated by this Agreement shall not grant Subscriber with any right, title, interest, benefit, burden, or option that would result in this Agreement being treated as other than a service contract under Internal Revenue Code Section 7701(e).
(b) State Tax Matters. Except as otherwise provided in the Subscription Agreement or provided by law, all taxes of whatsoever kind, nature and description due and payable with respect to service provided under this Subscription Agreement, other than taxes based on Provider’s net income, shall be paid by Customer, and Customer agrees to indemnify Provider and hold Provider harmless from and against any and all such taxes.”
8. SERVICE TERM REQUIREMENTS AND ELIGIBILITY.
(a) Service Term Requirements. The obligation of SSTN to initiate the Service Term is subject to the satisfaction of the following conditions, and SSTN may terminate this Agreement if any of the following conditions are not satisfied:
(i) Subscriber meets the following Program criteria (the “Eligibility Criteria”), and any other criteria under the Program or applicable law: (A) Your Electric Utility Account is owned by You and is associated with the Service Address; (B) the Service Address is located within the same NYISO Zone as the System; (C) the sum of the actual or anticipated kWhs of energy associated with Subscriber’s Percentage Allocation for Your Electric Utility Account shall amount to at least one thousand (1,000) kWhs annually; (D) the sum of the actual or anticipated kWhs of energy associated with Subscriber’s Percentage Allocation for Your Electric Utility Account shall not exceed the Subscriber’s historic annual kWh usage for such account (or forecasted usage if annual historic data is not available); and (E) neither Subscriber nor Your Electric Utility Account is a net metered customer-generator, a remote net metered host or satellite account, a community distributed generation host or satellite account (other than as contemplated by this Agreement), or taking standby service under the applicable tariff of the Electric Utility.
(ii) The System is commercially viable, as determined by SSTN in its sole discretion, including through evaluation and confirmation of the development of the System, the availability of anticipated incentives, rebates, tax credits or deductions, or other benefits, and any changes to the Program or applicable law;
(iii) The representations made by You in Section 8(b) are true and complete;
(iv) This Agreement has been approved by SSTN’s financing partners; and
(v) Subscriber meets SSTN’s credit criteria, as determined by SSTN in its sole discretion.
(b) Creditworthiness. In connection with the foregoing, You authorize SSTN to perform a credit check and to share Your credit information with SSTN’s financing partners to determine Your satisfaction of applicable credit criteria. This Agreement may be terminated if You do not meet or satisfy such credit criteria.
(c) Subscriber Authorization.You authorize SSTN to obtain Your Electric Utility Account number, historical electricity consumption data, current and historical electricity rate data, and other energy- related data (the “Utility Data”) from the Electric Utility. This authorization shall be valid from the Effective Date, through the Service Term and for a reasonable period thereafter, not to exceed six (6) months, for purposes of carrying out the transactions contemplated by this Agreement. You agree to update this information upon request if Your electricity usage changes.
(d) Use of Subscriber’s Data. You authorize SSTN to provide the Electric Utility with the following information: Your name, Your Electric Utility Account, Your mailing address, the Service Address, and Your Percentage Allocation (together with the Utility Data, collectively “Subscriber’s Data”). You also authorize SSTN to use these data and other data collected to make other business offers to You, subject to the requirements of applicable law.
9. SYSTEM OWNERSHIP AND ATTRIBUTES.
(a) System Ownership. You understand and agree that this Agreement is for the Services and is not a contract to sell or lease the System to You or a contract to sell energy to You. SSTN (or its designee) owns the System and the energy produced by it for all purposes.
(b) System Attributes. You understand and agree that, subject to the requirements of the Program and applicable law, all credits (including tax credits, emission reduction credits, renewable energy credits (“Renewable Energy Credits”), and carbon offset credits, but excluding any Bill Credits allocated to You), benefits, incentives, attributes, and rebates, howsoever entitled, derived, or attributable from or to the System, whether existing now or in the future (the “System Attributes”), are the property of and for the benefit of SSTN (or its designee), usable and transferable at its sole discretion. You agree to reasonably cooperate with SSTN (or its designee) so that it may claim the System Attributes. You agree to assign and transfer to SSTN (or its designee) any and all System Attributes in which You acquire an ownership interest. You agree to refrain from entering into any agreement that would entitle You or a third party to claim the System Attributes.
(c) Renewable Energy Claims.In accordance with Section 9(b), you understand that you are not purchasing renewable energy directly and therefore have no claim to Renewable Energy Credits generated by the System. The Renewable Energy Credits generated by the System shall be owned by SSTN unless transferred by SSTN to the Electric Utility or another third party, or unless ownership of the Renewable Energy Credits accrues to a third party pursuant to applicable law.
10. REPRESENTATIONS, WARRANTIES, AND COVENANTS.
(a) SSTN. SSTN agrees to protect Subscriber’s Data and, except as may be required by this Agreement, applicable law, court order, or with Subscriber’s consent, SSTN will not publicly disclose Subscriber’s Data, energy usage data, or billing information, unless such disclosures are made to SSTN’s affiliates, financiers, lawyers, accountants, or agents and only to the extent reasonably required to facilitate service to Subscriber.
(b) Subscriber. Subscriber represents, warrants, and covenants to SSTN:
(i) Subscriber is over 18 years of age;
(ii) Subscriber is authorized to execute this Agreement, obtain the Services, and participate in the Program on behalf of each owner of each of Your Electric Utility Accounts;
(iii) Subscriber, to the best of its knowledge, meets the Eligibility Criteria and agrees to not take any actions that would cause Subscriber to no longer meet the Subscriber Eligibility Criteria;
(iv) Subscriber understands and agrees it is acquiring the Percentage Allocation and Bill Credits for its own account and it will not assign, convey, transfer, resell, or otherwise distribute the Percentage Allocation or Bill Credits to another person or entity, except as provided in Section 12;
(v) Subscriber is entering into this Agreement solely to receive Bill Credits as an energy-related commodity for personal consumption, not for investment or speculation, not with a profit expectation, and not with a view to the resale of any benefits under this Agreement;
(vi) Subscriber is aware that it does not have an interest in the profits or losses of the System and will not otherwise be entitled to any profit related to the System or by entering into this Agreement;
(vii) Subscriber acknowledges that this Agreement has not been registered under federal securities laws or registered or qualified under the securities laws of the State of New York based in part upon Your representations in this Agreement (provided, that no representation is made or implied by SSTN as to the applicability or inapplicability of such securities laws);
(viii) Subscriber acknowledges and agrees that this Agreement and the Percentage Allocation is not intended to be treated as a security under federal law, Article 8 of the New York Uniform Commercial Code, or the Securities Act of 1933;
(ix) Subscriber acknowledges and agrees it will promptly notify SSTN of any changes in Subscriber’s Data.
(x) Subscriber affirms that he or she is authorized to make decisions regarding the account and voluntarily authorizes Provider to make the enrollment. Subscriber agrees to accept all notifications by email to the email address provided at time of enrollment, or subsequently provided to Provider.
(xi) Subscriber agrees that by accepting this Agreement and providing to Provider, its affiliates and/or assigns, your phone number, which can include a landline and/or mobile number, Provider, its affiliates and/or assigns may call and/or text you with autodialed and/or pre-recorded information.
11. TERMINATION. In addition to the cancellation right described herein, this Subscription Agreement may be terminated by You so long as You provide Provider with ninety (90) days’ advance notice. SSTN may terminate this Agreement for convenience.
(a) Residential Customers that terminate early will be charged a settlement amount (“Settlement Amount”) equal to 100% of the monetary value of the Bill Credits you received under this Agreement up to a maximum of $200.00. Such Settlement Amount will be waived if Subscriber meets the notice requirements of this Section 11 and finds a replacement Subscriber and such replacement Subscriber meets the eligibility requirements set forth by the Provider in accordance with the Program rules.
(b) Commercial Customers. If you terminate prior to the end of the Initial or any Renewal Term you will be charged a Settlement Amount that includes: (i) any transaction fees incurred by SSTN to find a replacement customer and (ii) 100% of the monetary value of the Bill Credits you received under this Agreement.
12. TRANSFER; ASSIGNMENT. No Party may assign or transfer this Agreement without the consent of the other Party, except that SSTN may directly or collaterally assign this Agreement, whether in whole or in part, and without Your consent or notice to You, to any affiliate, to any financing party, or to any entity that has agreed in writing to recognize Subscriber’s rights and perform SSTN’s obligations under this Agreement. In connection with any such assignment by SSTN, You agree to provide a written confirmation of Your obligations under this Agreement if reasonably requested by SSTN or its assignee. Notwithstanding anything to the contrary in this Agreement, SSTN may delegate or subcontract its obligations under this Agreement, in whole or in part, without Your consent or notice to You.
13. DEFAULT.
(a) Events of Default. The following shall constitute an “Event of Default”: (i) a Party fails to make any payment due under this Agreement and such failure continues for a period of thirty (30) days; (ii) a Party breaches, fails to perform, or fails to comply with any representation, warranty, obligation, covenant or agreement described in this Agreement and such failure continues for a period of thirty (30) days after written notice thereof; (iii) a Party has provided false or misleading financial or other information to enter into this Agreement; or (iv) Subscriber makes an assignment for the benefit of creditors, admits in writing its insolvency, or is subject to a petition for dissolution or reorganization, voluntary or involuntary, under the U.S. Bankruptcy Code.
(b) Remedies. Upon the occurrence of an Event of Default in which Subscriber is the defaulting Party, SSTN may take any rights and/or remedies available to it at law or in equity. Upon the occurrence of an Event of Default in which SSTN is the defaulting Party, Subscriber may terminate this Agreement and neither Party will have any further obligation hereunder. In the case of an Event of Default in which SSTN is the defaulting Party, Subscriber’s termination right pursuant to the preceding sentence is the exclusive remedy for such an Event of Default. Except as described in the preceding sentence, all rights, powers, and remedies provided under this Agreement are cumulative and not exclusive of any rights, powers, or remedies provided by applicable law.
14. FORCE MAJEURE, LIMITATIONS OF LIABILITY, INDEMNIFICATION & DISPUTE RESOLUTION.
(a) Force Majeure. If by reason of Force Majeure, SSTN is unable to carry out, either in whole or in part, any of its obligations described in this Agreement, SSTN shall be excused from whatever performance is affected by the Force Majeure event during the continuation of such inability, provided that, within a reasonable time after the occurrence of the Force Majeure event, SSTN gives Subscriber notice describing the particulars of the occurrence and the anticipated period of delay, and uses reasonable efforts to remedy the cause(s) preventing it from carrying out its obligations. “Force Majeure” means any event, condition, or circumstance beyond the reasonable control of the affected Party, and may include, without limitation, an act of god, war (declared or undeclared), epidemic, pandemic, sabotage, cyberattack, riot, insurrection, civil unrest, military or guerilla action, terrorism, economic sanction or embargo, civil strike, work stoppage, slow-down, or lock-out, explosion, fire, earthquake, volcanic activity, abnormal weather condition or actions of the elements, hurricane, flood, lightning, wind, drought, the binding order of any governmental authority, the failure to act on the part of any governmental authority, unavailability of power from the utility grid, power or voltage surge including a grid supply voltage outside of the standard range specified by the Electric Utility, or failure of equipment not utilized by or under the control of the affected Party.
(b) Limitation of Liability.TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT, TORT, UNDER STATUTE, OR IN EQUITY, AND EACH PARTY HEREBY WAIVES ITS RIGHTS TO ANY SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT IN THE CASE OF FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIENCE, OR BODILY INJURY, SSTN’S LIABILITY ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT MAY NOT EXCEED THE PRODUCT OF (I) TWELVE (12) AND (II) SUBSCRIBER’S AVERAGE MONTHLY PAYMENT OVER THE SERVICE TERM.
(c) Indemnification. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY AGREES TO INDEMNIFY, PROTECT DEFEND, AND HOLD HARMLESS THE OTHER PARTY AND ITS SUCCESSORS AND ASSIGNS, AND ITS EMPLOYEES, PARTNERS, MEMBERS, OFFICERS, DIRECTORS, AND AGENTS (IF ANY), FROM ANY AND ALL DAMAGES, LOSSES, CLAIMS, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) OR ANY LIABILITY RESULTING FROM ANY ACTION OR SUIT BY ANY THIRD PARTY, OF ANY KIND RESULTING FROM THE OTHER PARTY’S FAILURE TO COMPLY WITH ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT.
(d) No Warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SSTN MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICES, THE SYSTEM, OR ANY OBLIGATION OF SSTN HEREUNDER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SSTN DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SSTN DOES NOT WARRANT OR GUARANTEE ANY SAVINGS, THE AMOUNT OF ENERGY PRODUCED BY THE SYSTEM, THE PERCENTAGE ALLOCATION, OR THE AVAILABILITY OR VALUE OF BILL CREDITS.
(e) No Guarantees. SSTN does not make any guarantee, and Subscriber acknowledges that SSTN does not make any guarantee, regarding the manner in which Bill Credits are calculated, the monetary value of Bill Credits, or any other element of Your bill from the Electric Utility, each of which are determined by the Electric Utility and governmental authorities pursuant to the Tariff, the Program, and applicable law and not by SSTN. SSTN additionally does not make any guarantee, and Subscriber acknowledges that SSTN does not make any guarantee, regarding (x) the amount of energy that the System will deliver to the Electric Utility, (y) the Percentage Allocation, or (z) the amount of any savings by You as a result of entering into this Agreement. You agree that Your Percentage Allocation may be applied against and served by any System that (i) qualifies under the Program and (ii) from which Your Electric Utility Account is eligible to receive Bill Credits, as selected by SSTN in its sole discretion. SSTN does not make any guarantee, and Subscriber acknowledges that SSTN does not make any guarantee, regarding the specific System that will be used in providing You with the Services.
(f) Waiver. Any delay or failure of a Party to enforce any of the provisions of this Agreement, or to require performance by the other Party of any of the provisions of this Agreement, shall not be construed to be a waiver of such provisions or a Party’s right to enforce that provision.
(g) Severability. If any portion of this Agreement is determined to be invalid or unenforceable in any respect under applicable law, the remainder of this Agreement shall not be affected thereby, and each term, covenant, or condition of the Agreement will be valid and enforceable to the fullest extent permitted by applicable law, unless such invalidity or unenforceability frustrates or negates an essential purpose of this Agreement.
(h) Dispute Resolution. In the event of a dispute, disagreement, or claim between Subscriber and SSTN arising out of or in connection with this Agreement, the Parties shall first use their best efforts to resolve the dispute, disagreement, or claim amicably and in good faith, in which case Subscriber agrees to contact SSTN by telephone at 1 (800) 721-5014 or in writing by sending an email to customerservice@sustainergy.com. SSTN agrees to maintain a process and procedure to resolve Subscriber inquiries in compliance with the requirements of the Program. Customer must pay the bill in full, except for the specific disputed amount, during the pendency of the dispute, and such payment shall be refunded if warranted by the decision of DPS. If the parties cannot resolve the dispute within 45 days, either party may pursue arbitration as described below.
(i) Residential Customers. Consumer complaints that cannot be resolved with Provider may be directed to DPS as follows: website: www.dps.ny.gov/complaints; Phone: DPS Helpline at 1-800-342-3377 (M-F 8:30a - 4:00p); or Mail: Office of Consumer Services, NYS Department of Public Service, 3 Empire State Plaza, Albany, NY 12223.
(ii) Commercial Customers. The DPS will not resolve Non-Residential disputes associated with the services provided under this Subscription Agreement. However, the DPS will monitor inquiries and contacts from Non-Residential customers regarding energy service companies. DPS Contact Information is provided above.
(i) Waiver of Jury Trial; No Class Action. EACH OF THE PARTIES, BY ENTERING INTO THIS AGREEMENT, HEREBY WAIVES THE RIGHT TO A JURY TRIAL. IN ADDITION, EACH PARTY AGREES THAT IT MAY ONLY BRING CLAIMS AGAINST THE OTHER PARTY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
(j) Regulatory Changes. This Subscription Agreement is subject to present and future legislation, orders, rules, regulations, or decision of a duly constituted governmental authority having jurisdiction over this Subscription Agreement or the services to be provided hereunder. If at some future date there is a change in any law, rule, regulation, tariff, or regulatory structure (“Regulatory Change”) which impacts any term, condition, or provision of this Subscription Agreement including, but not limited to rate, Provider shall have the right to modify this Subscription Agreement to reflect such Regulatory Change by providing 30 days’ written notice of such modification to the Customer.
15. MISCELLANEOUS.
(a) Notices. All notices and other formal communications which any Party may give to another under or in connection with this Agreement shall be in writing and shall be deemed delivered upon receipt thereof. SSTN may call or text you at the numbers you provide for non-marketing purposes, possibly with automated technology or recordings, about your account. You also consent to receive calls and texts from SSTN and its affiliates for promotional purposes at the telephone numbers you provide, possibly with automated technology or recordings; and you understand this consent survives your agreement but that your consent to marketing calls is not a condition of purchase and may be revoked.
(b) Entire Agreement. This Agreement contains the entire agreement between Parties with respect to the subject matter hereof, and supersede all other understandings or agreements between the Parties relating to the subject matter hereof. This Agreement includes any exhibit attached hereto.
(c) Amendments. This Agreement may only be amended in a writing signed (or otherwise authenticated) by both Parties.
(d) Binding Effect. This Agreement is binding upon the Parties and their successors and permitted assigns.
(e) Survival. The provisions of Sections 5, 7, 8(b), 11(b), 12, and 13 of this Agreement shall survive the expiration or earlier termination of this Agreement.
(f) Governing Law. The Agreement is made in the State of New York and will be governed by New York law, without regard to principles of conflicts of law, together with any applicable federal law. The Parties agree that any dispute, disagreement, or claim that cannot be resolved pursuant to Section 12(g) shall be resolved by a court of competent jurisdiction in the county of the System, and Subscriber agrees to submit to the personal jurisdiction of the New York state courts located in such county for the purposes of litigating all such disputes, disagreements, and claims.
(g) Home Energy Fair Practices Act; Disclosure Form. This Agreement and SSTN’s provision of the Services are subject to the Home Energy Fair Practices Act (“HEFPA”) (a summary of which can be found at http://www.dps.ny.gov/) and the Uniform Business Practices for Distributed Energy Resources Suppliers (a summary of which can be found at https://www.nyserda.ny.gov), which provide You with certain rights and protections relating to late charges, disputes, and other matters. See 16 N.Y. Codes, Rules, Regs. § 11.1 through § 11.22 for additional details regarding Your rights under HEFPA. The disclosure form attached hereto as Exhibit 1 describes certain key terms of this Agreement and must be provided to You by law.
(h) Counterparts; Electronic Approval. This Agreement may be executed and delivered in identical counterparts by exchange of electronic copies showing the signatures of the Parties. Each Party intends and agrees that, alternatively, this Agreement may be authenticated by affirmation through electronic signature, electronic checkbox, or similar authentication, and that any such electronic authentication shall be deemed a binding acceptance of this Agreement having the same force and effect as a manual signature.
(i) Cancellation Right; Notice to Subscriber. You may cancel this Agreement with no charge or penalty within three (3) business days after You receive a copy of this Agreement. By entering into this Agreement, Subscriber acknowledges that Subscriber has read and understands this Agreement in its entirety.
16. Arbitration. ALL CLAIMS ARISING UNDER OR RELATING TO THIS SUBSCRIPTION AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION IN THE STATE OF NEW YORK OR ANOTHER LOCATION MUTUALLY AGREEABLE TO THE PARTIES. THE ARBITRATION SHALL BE CONDUCTED ON A CONFIDENTIAL BASIS PURSUANT TO THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY DECISION OR AWARD AS A RESULT OF ANY SUCH ARBITRATION PROCEEDING SHALL BE IN WRITING AND SHALL PROVIDE AN EXPLANATION FOR ALL CONCLUSIONS OF LAW AND FACT AND SHALL INCLUDE THE ASSESSMENT OF COSTS, EXPENSES, AND REASONABLE ATTORNEYS’ FEES. ANY SUCH ARBITRATION SHALL BE CONDUCTED BY AN ARBITRATOR EXPERIENCED IN COMPETITIVE RETAIL ENERGY MARKETS AND SHALL INCLUDE A WRITTEN RECORD OF THE ARBITRATION HEARING. THE PARTIES RESERVE THE RIGHT TO OBJECT TO ANY INDIVIDUAL WHO SHALL BE EMPLOYED BY OR AFFILIATED WITH A COMPETING ORGANIZATION OR ENTITY. AN AWARD OF ARBITRATION MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION. 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.
Subscriber:
Name: _______________________________
By: ______________________________
Date: _____/_____/____
Email: ____________________________________
Phone: ____________________________________
Address: ____________________________________
____________________________________
____________________________________
Sustainergy, LLC
800 Third Ave, Suite A1620
New York, NY 10022 / customerservice@sustainergy.com
Community Distributed Generation Disclosure Form
Customer Information
Distribution Utility
Customer Name:
Address:
Phone:
Email:
Utility account #(s):
Utility:
Overview
This document describes your Community Solar contract. In the event that the terms in this statement conflict with terms appearing elsewhere in your contract, the terms in this statement are controlling. Read this document and the contract carefully so that you fully understand this agreement.
Price, Fees, and Charges
There are no subscription fees for entering into this agreement. There are no up-front payments or recurring charges.
Sustainergy, LLC will instruct your utility to apply Community Solar credits to your utility bill.
Project Location and Customer Allocation
Your project will be located within your utility service territory and is expected to be operational within twelve months. Once your project is operational, you will start to see Community Solar credits applied to your utility bill. Community Solar credits will be allocated in sufficient quantity to ensure that you receive 10% of the value of the Bill Credits. SSTN reserves the right to change the project the Customer is subscribed to by providing thirty (30) days’ advance written notice describing the location of the project, its size and how much of the project’s generation will be allocated to the Customer.
Length of Agreement and Renewal
The initial term of this agreement is twenty years after which it continues on a year-to-year basis.
Early Termination
Residential Subscribers that terminate early will be charged a settlement amount (“Settlement Amount”) equal to 100% of the monetary value of the Bill Credits you received under this Agreement up to a maximum of $200.00. The Settlement Amount will be waived by providing 90 days advance notice and finding a replacement Subscriber and such replacement Subscriber meets the eligibility requirements set forth by the Provider in accordance with the Program rules.
Commercial Customers that terminate early will be charged a Settlement Amount that includes: (i) any transaction fees to find a replacement Subscriber and (ii) 100% of the monetary value of the Bill Credits you received under this Agreement.
Estimated Benefits
We estimate that the equivalent Community Solar production credits will be equal to your annual consumption. Community Solar credits will be applied as monetary bill credits.
Guarantees
This contract does not guarantee a minimum level of system performance or production of energy.
Data Sharing
Sustainergy, LLC will only ask your utility for historical consumption information on your account.
Right to Cancel without Penalty
You have the right to terminate the contract without penalty within three business days after signing the contract by notifying Provider at 800-721-5014 or emailing customerservice@sustainergy.com
Customer Rights
If you have inquiries or complaints that the Provider is unable to resolve, you have the right to call the Department of Public Service Helpline at 1-800-342-3377. You may file a complaint on the Helpline or by following the instructions at http://www.dps.ny.gov/complaints.html.
Preparer Name and Contact Information
Sale Representative:
c/o Sustainergy, LLC
800 Third Ave, suite A1620
New York, NY 10022