Stocking and unloading
Resume:
IDT ENERGY
*** ***** ******, ******, *** JERSEY *7102
PENNSYLVANIA - VARIABLE RATE NATURAL GAS CONTRACT SUMMARY V.05012019 This document summarizes the key terms of your contract with IDT Energy, Inc. (“IDT”) Natural Gas Supplier
Information
IDT Energy, Inc., 520 Broad Street, Newark, NJ 07102 877-***-**** www.IDTEnergy.com
You have chosen IDT as your natural gas supplier. IDT is not affiliated with your natural gas distribution company (“NGDC”). IDT is responsible for the natural gas supply charges on your bill. These charges will appear on your NGDC bill separate and apart from your NGDC’s distribution charges for delivering your natural gas.
Price Structure
Your rate for natural gas supply will be a variable rate that will fluctuate at IDT’s discretion based on numerous factors including, but not limited to, current conditions on the NYMEX commodity exchange, the wholesale cost of natural gas, capacity costs, storage costs, balancing costs, cost of transportation of gas to the delivery point, IDT’s expenses and margins and all applicable taxes, fees, or assessments. There is no cap on your variable rate, and there is no limit on how much the price may change from one billing cycle to the next. You will receive notice of variable rate changes when you receive the bill with that rate.
Natural Gas Supply Price
Your natural gas supply rate for your first billing cycle with IDT is 0.486 per CCF/Therm. Thereafter, your rate will vary based on the factors described above. Statement Regarding Savings
IDT’s variable rate for natural gas supply may be higher or lower than your NGDC’s rate, there is no guarantee of savings.
Deposit Requirements IDT does not require any deposit. Incentives Your enrollment with IDT Energy will give you the opportunity to earn two rebates, of up to $10 each, calculated based on the natural gas supplied to you by IDT Energy during your 1st and 6th bill cycles of 25 days or more. To qualify to receive the rebates, you will have 60 days to complete a validation process according to the instructions that will be sent to you after your 3rd and 9th bill cycles, respectively. Rebates may come in several forms including checks, or stored-value or electronic gift cards issued pursuant to a direct relationship between you and an issuing bank. PA - V.05012019
Contract Start Date Your IDT natural gas supply service will begin on the date set by your NGDC. Contract Duration/Length This agreement will continue until either party provides notice of its intent to cancel and until the NGDC completes the termination in accordance with its rules. Cancellation/Early
Termination Fees
You may cancel your IDT natural gas supply service at any time without cancellation fees. End of Contract This agreement will continue until either party provides notice of its intent to cancel and until the NGDC completes the termination in accordance with its rules. See the Disclosure Statement for complete terms and conditions PA - V.05012019
IDT ENERGY – PENNSYLVANIA NATURAL GAS DISCLOSURE STATEMENT – V.05012019 This is an agreement (“Agreement”) for natural gas supply services, between IDT Energy, Inc. (“IDT Energy”) and
(“Customer” or “you”)
BACKGROUND
IDT Energy is licensed by the Pennsylvania Public Utility Commission to offer and supply natural gas in Pennsylvania. IDT Energy’s PUC license number is A-200*-*******.
Your commodity prices and charges will be set by IDT Energy. The Public Utility Commission regulates distribution or delivery prices and services.
You will continue to receive your gas bill from your Natural Gas Distribution Company (NGDC). It will contain the NGDC’s charges and IDT Energy’s charges. Your NGDC 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 St, Newark, NJ 07102, by phone at 1-877-***-****, or by email at adppoo@r.postjobfree.com.
DEFINITIONS
Commodity Charges: The charges for basic gas supply service which is sold either by volume (Ccf or Mcf) or heating value
(Dekatherms).
TERMS OF SERVICE
1. Price - For each billing cycle, the price for the natural gas supplied pursuant to this Agreement will be calculated by multiplying (i) the agreed-upon variable or fixed rate for the natural gas, by (ii) the amount of natural gas consumed, as determined by the NGDC’s actual or estimated meter reads. The rate for natural gas, whether a variable rate or fixed rate, does not include the NGDC’s charges and fees.
Fixed Rate Product: If your Contract Summary indicates that you have chosen a Fixed Rate (SmartBudget) natural gas product, the rate for the natural gas supplied pursuant to this Agreement during the Initial Term (defined in your Contract Summary) will be the rate set forth on the Contract Summary. This rate includes natural gas Commodity Charges and estimated total state taxes but excludes applicable state and local Sales Tax. This rate will be effective starting with your first date of service with IDT Energy and will remain fixed for the Initial Term.
Variable Rate Product: If your Contract Summary indicates that you have chosen a Variable Rate (SmartFlex) natural gas product, the rate for the natural gas supplied pursuant to this Agreement during the first billing cycle will be the rate set forth on the Contract Summary. Thereafter, the rate will vary. When setting rates, IDT Energy will consider numerous factors including, but not limited to, current conditions on the NYMEX commodity exchange, the wholesale cost of natural gas, capacity costs, storage costs, balancing costs, cost of transportation of gas to the delivery point, IDT Energy’s expenses and margins and all applicable taxes, fees, or assessments. The rate includes natural gas Commodity Charges and estimated total state taxes but excludes applicable state and local Sales Tax. There is no limit on how much the rate may change from one billing cycle to the next. The rate may be higher or lower than the NGDC’s rate in any particular billing cycle. There is no cap on the rate. You will receive notice of variable rate changes when you receive the bill with that rate. More information about this variable rate product, including what the rate has been for the past 24 months, can be found at www.idtenergy.com or you can call 1-877-***-****. PA - V.05012019
However, please remember that past rates do not indicate present or future rates. 2. Length of Agreement – Fixed Rate Product: For the Fixed Rate (SmartBudget) product, this Agreement shall commence as of the date Customer’s enrollment with IDT Energy is deemed effective by the NGDC, and it shall continue until the conclusion of the Initial Term (defined in your Contract Summary). The Agreement may renew at that juncture as described in the Renewal Provisions/Agreement Expiration/Change in Terms section below. Variable Rate Product: For the Variable Rate (SmartFlex) product, this Agreement shall commence as of the date Customer’s enrollment with IDT Energy is deemed effective by the NGDC, and it shall continue until either IDT Energy or Customer provides 15 days’ notice of termination to the other. Customer may cancel this agreement by contacting IDT Energy at 520 Broad St, Newark, NJ 07102, by phone at 1-877-***-****, or by email at adppoo@r.postjobfree.com. In the event such notice is given, the NGDC will complete the termination on the next available date in accordance with its rules. 3. Special Terms and Conditions – Rebate Programs: From time-to-time IDT Energy may offer a rebate program for new customers who enroll with IDT Energy and maintain active accounts with IDT Energy for a specified period of time. To be eligible to earn a rebate under any such rebate program, Customer will have 60 days to complete a validation process in accordance with the instructions that will be provided to Customer. Customer will also have to be an active customer of IDT Energy, in good standing, at the time the rebate is to be issued in order to qualify for the rebate. Rebate amounts appearing in IDT Energy’s advertising materials or presented orally to potential customers are merely examples of rebate amounts that customers might be eligible to receive. The actual amount of any rebate will be computed by reference to Customer’s actual usage over the term of this Agreement, which may vary substantially from any estimate provided. Any rebate earned by Customer will be sent to Customer at the address provided by Customer during the validation process. Rebates can be issued in a variety of forms including, but not limited to, checks, stored-value cards, or electronic gift cards. Stored-value cards and electronic gift cards will be issued by an issuing bank, pursuant to a direct relationship between Customer and the issuing bank, and will be subject to the terms and conditions of a Cardholder Agreement. Stored-value cards and electronic gift cards will expire 6 months after issuance. Carbon Offest Gas Option: If you have chosen IDT Energy’s Carbon Offset Gas option, IDT Energy will purchase carbon offsets and/or carbon credits to match 100% of your natural gas consumption (at a rate of 1 metric ton of offsets/credits per 188.6 therms of natural gas supplied). IDT Energy may take up to 12 months following each calendar year in which this Agreement is in effect to address any deficiency that may arise in the carbon offsets/credits purchased. If you have chosen a Variable Rate (SmartFlex) product and the Carbon Offset Gas option, your rate for the natural gas supplied will be IDT Energy’s standard Variable Rate plus an “adder” of up to 20¢ per therm. If you wish to cancel the Carbon Offset Gas option, you may call IDT Energy at 1-877-***-****. 4. Late Payment and Early Termination Fees - All regular payments are to be made to your NGDC. Any unpaid amounts may be subject to late payment charges in accordance with your NGDC’s tariff. Variable Rate Product: There are no early termination fees for termination of a Variable Rate (SmartFlex) Agreement. Fixed Rate Product: For the Fixed Rate (SmartBudget) product (unless your Contract Summary indicates that this provision is waived), if either (i) you terminate the Agreement prior to the end of the Initial Term, or (ii) IDT Energy terminates the Agreement prior to the end of the Initial Term due to your breach, you shall pay IDT Energy, in addition to any other applicable charges, an early termination fee for each terminated account, equal to: $10.00 for each month, or portion thereof, remaining in the Initial Term. The parties acknowledge and agree that the actual damages that IDT Energy will suffer as a result of Customer’s early termination or breach are difficult to assess, the early termination fee described herein is a reasonable estimate of such damages and such early termination fee constitutes liquidated damages rather than a penalty. 5. Cancellation Provisions – Customer may terminate this Agreement by contacting IDT Energy or the NGDC. However, see previous Section (4. Late Payment and Early Termination Fees) for details on if/when Customer will be subject an Early Termination Fee. If you fail to meet your obligations under this Agreement, or if there is a material adverse change in your business or financial condition (as determined by IDT Energy in its discretion), then, in addition to any other remedies that it may have, IDT Energy may terminate the Agreement. If IDT Energy terminates the Agreement for any reason other than for your non-payment, IDT Energy PA - V.05012019
will follow applicable rules in providing notice to you. Non-Payment – If your natural gas service is terminated by your NGDC, then this Agreement will be cancelled on the date that your natural gas service is terminated. You will owe us for amounts unpaid for our charges for natural gas supply up to the date of termination. Customer Move – If Customer moves from the address listed above, this Agreement is cancelled.
6. Renewal Provisions/Agreement Expiration/Change in Terms – If you have a fixed duration contract approaching the expiration date, or whenever IDT Energy proposes to change the terms of service, you will receive two separate written notifications, the first approximately 60 to 75 days in advance and the second 45 days in advance of 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 to month- to-month terms, as set forth in the notifications. 7. Dispute Procedures - Contact IDT Energy with any questions concerning the terms of service at 1-877-***-****. If you are not satisfied after discussing your terms of service with IDT Energy you may call or write to the Public Utility Commission (PUC), Bureau of Consumer Services, PO Box 3265, Harrisburg, PA 17105-3265, 1-800-***-****. 8. 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, if Customer is a residential customer, 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.
9. 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.
10. Assignment. IDT Energy may assign or transfer its rights or obligations under this Agreement after first informing you in writing of such transfer or assignment. The terms of this Agreement will remain unchanged after such assignment. You will receive prior notification of any subsequent assignment. You may not assign or transfer your rights or obligations under this Agreement. 11. Choice of Law. This Agreement shall be construed in accordance with and be governed by the laws of the Commonwealth of Pennsylvania without regard to the conflicts of law provisions thereof. 12. No Warranties. Customer acknowledges and agrees that no warranty, duty or remedy, whether expressed, implied or statutory, is given or intended to arise out of this Agreement except as otherwise expressly stated herein, and IDT Energy specifically disclaims all other warranties, expressed or implied including any warranty of merchantability or fitness for a particular purpose or use.
13. SEVERABILITY. Should any part of this Agreement be declared invalid for any reason, such decision shall not in any manner affect the validity of the remaining portions of this Agreement, which shall remain in full force and effect as if the part determined to be invalid had not been contained herein at the time of the execution of this Agreement. PA - V.05012019
14. FORCE MAJEURE. IDT Energy will make commercially reasonable efforts to provide natural gas hereunder but does not guarantee a continuous supply of natural gas to Customer. Certain causes and events out of the control of IDT Energy ("Force Majeure Events") may result in interruptions in service. IDT Energy will not be liable for any interruptions caused by a Force Majeure Event, and IDT Energy is not, and shall not be, liable for damages caused by Force Majeure Events. Force Majeure Events shall include acts of God, fire, flood, storm, terrorism, war, civil disturbance, acts of any governmental authority, accidents, strikes, labor disputes or problems, required maintenance work, inability to access the local distribution utility system, non-performance by the NGDC
(including, but not limited to, a facility outage on its distribution system), or any other cause beyond IDT Energy’s control. 15. LIMITATION OF LIABILITY. In no event shall IDT Energy or Customer be liable to the other or to any third party for any indirect, incidental, consequential, punitive, reliance or special damages, including without limitation, damages for lost profits, advantage, savings or revenues of any kind or increased cost of operations, whether or not IDT Energy or Customer has been advised of the possibility of such damages. IDT Energy’s liability and Customer’s exclusive remedies against IDT Energy, for any damages caused by any service outage, defect or failure shall be the termination provisions set forth above in the Termination section above. IDT Energy’s liability for other claims arising in connection with any service or this Agreement, if not otherwise limited by another provision of this Agreement, shall be limited to proven direct damages not to exceed per claim (or in the aggregate during any 12- month period), the total net payments made by Customer for the applicable service during the 12 month’s preceding the month in which the damage occurred.
16. INDEMNIFICATION. Customer is responsible for, and will indemnify IDT Energy against, any and all liabilities resulting from Customer’s failure to fully comply with this Agreement, and damage or injury caused by the natural gas after its delivery to Customer’s residence or place of business, as applicable. 17. CHANGE IN LAW. If at some future date there is a change in any law, rule, or regulation whereby IDT Energy is prevented, prohibited or frustrated from carrying out the terms of the Agreement, then, at the sole discretion of IDT Energy, this Agreement may be cancelled. If, at some future date, there is a change in a federal or state approved tariff affecting IDT Energy’s costs to purchase the natural gas required to provide your service, then, at the sole discretion of IDT Energy, this Agreement may be modified to reflect those costs.
Contact Information:
Supplier: IDT Energy, Inc., 520 Broad St, Newark, NJ 07102, 1-877-***-****, www.idtenergy.com Information about shopping for a natural gas supplier is available from: Pennsylvania Public Utility Commission, 400 North Street, Harrisburg, PA 17120, 1-800-***-****, www.pagasswitch.com Pennsylvania Office of Consumer Advocate, www.oca.state.pa.us
Contact this candidate