Terms and Conditions
Third Party Supplier Contract Summary
Third Party Supplier Information
By entering into this contract, you are agreeing to purchase your electric supply from this supplier. | Inspire Energy Holdings, LLC, NJ BPU License No. ESL-0156 Phone: 866-403-2620 Website: www.inspirecleanenergy.com Email: help@inspirecleanenergy.com Address: 923 Haddonfield Road, Suite 300; Cherry Hill, NJ 08002 Inspire will be responsible for providing your electric supply. |
Price Structure |
Subscription Flat Rate – Fixed Then Variable. You will receive a fixed, flat monthly "all-inclusive" electricity supply price for 12 months ("Subscription Period") that will not vary based on your electricity usage. Your price will not change during the Subscription Period. After the Subscription Period ends, for the remaining month in your Initial Term and continuing month-to-month thereafter, your subscription price for electricity supply may vary on a monthly basis. Your subscription price will be determined in Inspire’s discretion based on a variety of factors, including the cost to procure electricity, competitor prices, market-related fees, profit margins, and applicable taxes. Fluctuations in weather may impact your monthly variable price.
|
Generation / Supply Price |
$84.99 / month during the Subscription Period, variable month-to-month subscription price thereafter.
|
Statement Regarding Savings | Savings are not guaranteed under this Agreement. |
Amount of time required to change from TPS back to default service or to another TPS | The estimated timeframe to switch to default service or to another supplier is the next full billing cycle after the Electric Distribution Company ("EDC") processes the switch. It may take up to 2 billing cycles for a switch to occur. |
Incentives/Rewards | See enclosed Special Terms and Conditions for Promotional and/or Rewards Programs for complete details. |
Right to Cancel / Rescind | You will have 7 calendar days from the date of the EDC’s confirmation notice to contact the EDC and cancel this Agreement. |
Contract Start Date | Your contract will start upon acceptance of your enrollment by your EDC, which is typically within two (2) billing cycles. |
Contract Term / Length |
13 months ("Initial Term"), month-to-month thereafter.
|
Cancellation / Early Termination Fees | None. You must provide Inspire at least 30 days’ advance notice before the next regularly scheduled meter read in order for the cancellation to be effective as of that reading. |
Renewal Terms | This Agreement will remain in effect until cancelled by either you or Inspire. |
Electric Distribution Company Information | Please contact your EDC in case of emergencies or any outages. Public Service Electric and Gas - Electric https://www.pseg.com/ Emergency Number: 1-800-436-7734 Customer Service Number: 1-800-436-7734 Your EDC will continue to deliver your electricity, and you will continue to pay your EDC for this service. |
LLAME A INSPIRE AL 866-403-2620 PARA SOLICITAR UN RESUMEN DEL CONTRATO EN ESPAÑOL.
Inspire Energy Holdings, LLC Disclosure Statement
1. Background; Agreement to Sell and Purchase Energy. This TPS Contract Summary and Disclosure Statement, any Rewards or Promotional Terms and Conditions, together with the notice containing a welcome letter, a copy of your TPS Contract Summary, Disclosure Statement, and any Rewards or Promotional Terms and Conditions (the "Welcome Confirmation"), and any amendments to these documents from time to time, are an agreement (collectively, the "Agreement") for electric generation service between Inspire Energy Holdings, LLC ("Inspire" and "we") and you ("Customer" or "you"). The purpose of this Agreement is to authorize a change in your electric generation supplier to Inspire. Inspire is licensed by the New Jersey Board of Public Utilities ("Board" or "BPU") to offer and supply electric generation services in New Jersey. Our BPU license number is ESL-0156. The Electric Distribution Company ("EDC") will continue to deliver the electricity supplied by Inspire. The BPU regulates EDC distribution charge. You will receive a single bill from your EDC that will contain your EDC charges and Inspire charges. Your EDC is your provider of last resort (default service). In the case of a conflict between the documents that form the Agreement, these Terms of Service control unless these Terms of Service have been amended, in which case the most recent such amendment controls.
By entering into this Agreement, you represent that you are the authorized customer of record for the electricity supply account subject to this Agreement, or you otherwise have authority to enter into this Agreement. This Agreement shall not become effective until accepted by Inspire.
THE TERMS BELOW ARE VERY IMPORTANT BECAUSE THEY OUTLINE YOUR LEGAL RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
THIS AGREEMENT CONTAINS BINDING ARBITRATION, WAIVER OF JURY TRIAL, AND CLASS ACTION WAIVER PROVISIONS IN SECTION 20 THAT AFFECTS YOUR RIGHTS. THE ARBITRATION PROVISION REQUIRES THAT DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATIONS OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
2. Your Right to Rescind/Cancel This Agreement. You have seven (7) calendar days to cancel this Agreement free of charge from the date you receive this Contract Summary and Disclosure Statement by contacting your EDC. This Agreement shall not be legally binding until this seven (7) day confirmation period has expired and you have not rescinded your enrollment with Inspire.
3. Definitions.
"Generation Charge" means the service charge on every customer’s bill for producing electricity. Generation service is competitively priced and is not regulated by the BPU. Generation prices and charges are set by the third-party supplier you have chosen.
"kWh" means kilowatt hour, which is a measurement of your electricity usage, and "PJM" means PJM Interconnection, LLC (or its successor), which operates an electronic transmission system in all or part Delaware, Illinois, Indiana, Kentucky, Maryland, Michigan, New Jersey, North Carolina, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia and the District of Columbia ("PJM Region").
"Transmission Charge" means the service charges on every customer’s bill for transporting electricity from the source of supply to the electric distribution company. The Federal Energy Regulatory Commission regulates retail transmission prices and services. This charge will vary with your source of supply.
4. Pricing.
Subscription Price Agreement. The price for all electricity sold under this Agreement shall be as set forth in the Contract Summary of this Agreement. Your subscription price is a flat, all-inclusive price per month that will not change during the Subscription Period shown regardless of your actual electricity usage. The subscription price includes estimated current total state taxes, including New Jersey Sales and Use Tax, but excludes other state and local taxes. The price does not include EDC charges, including, but not limited to, EDC delivery and distribution charges, which are separate amounts that you must pay your EDC. The price may be higher than your EDC's Price to Compare. Inspire does not guarantee that we will provide any savings for electricity as compared to what the EDC would charge. To learn more about your pricing, you may call us at 866-403-2620.
After the Subscription Period ends, your subscription price changes from a fixed monthly price to a variable month to month price. Not more frequently than monthly, and with no advance notice, Inspire may increase or decrease your variable subscription price at our discretion as wholesale market prices change based on, but not limited to, the following factors: the cost to supply electricity in the PJM market (including energy, capacity, settlement, ancillary services, renewable energy, charges for delivering electricity over a distribution system to the home or business from the transmission system and other PJM market-related factors); applicable fees, charges, costs and expenses; profit margins; competitor prices, factors outside of Inspire’s control, such as weather, and other market and business conditions. The price per month for this product, as modified from time to time, shall be all-inclusive of energy, capacity, congestion, settlement, ancillaries, and all other charges we incur to provide electric generation service to you, including applicable and permissible taxes. The price does not include EDC charges, including, but not limited to, EDC delivery and distribution charges, which are separate amounts that you must pay your EDC. The price may be higher than your EDC's Price to Compare. Inspire does not guarantee that we will provide any savings for electricity as compared to what the EDC would charge. To learn more about your pricing, you may call us at 866-403-2620.
5. Duration of Agreement. You will buy your electricity generation supply for the service address specified in the Contract Summary from Inspire beginning on the date set by your EDC and service will continue until you or Inspire cancel this Agreement. If you do not enter into a new Agreement with Inspire, or you do not take action to switch to another supplier or switch back to default service with your EDC, your service will automatically continue, without your affirmative consent, with Inspire on a month-to-month variable price basis after the initial fixed price subscription period ends. See Section 10 (Renewal Provision) for more details.
6. Cancellation Provisions.You may cancel this Agreement at any time without penalty by notifying Inspire by phone, email, or in writing using the contact information below. You must provide Inspire at least thirty (30) days’ advance notice before the next regularly scheduled meter read in order for the cancellation to be effective as of that reading. To cancel this Agreement, please contact Inspire by phone, email, or in writing at the contact information below. There is no cancellation fee if you cancel your contract prior to the end of its term. Furthermore, you may cancel this Agreement without penalty within forty-eight (48) hours’ notice if you move within or outside the EDC’s service area, if you suffer a disability that renders you unable to pay for services under this Agreement, or upon the customer of record’s death. If your EDC terminates your service, this Agreement will be automatically cancelled.
Inspire reserves the right to cancel this Agreement: (a) due to your failure to make timely payment of Inspire charges; (b) due to a Regulatory Change (as defined in Section 23) that materially impairs Inspire’s ability to fulfill its obligations under this Agreement; or (c) at any time for any reason, by providing a minimum of thirty (30) calendar days’ written notice to you. Upon cancellation of the Agreement by you or us, you will be responsible for all Inspire generation charges incurred hereunder until your account is transferred to EDC service or to another third-party supplier.
Cancellation is effective on the next meter read date that occurs after your EDC has accepted the switch of your account from Inspire. You will be responsible for unpaid balances as of the cancellation date, until your account is paid in full.
You are responsible for canceling any existing agreements with other electric suppliers from whom you are purchasing electric generation service and paying any cancellation fees (if applicable).
There is no charge for starting or stopping electric generation service if done within the terms of this Agreement.
7. Renewable Energy Product and Environmental Disclosure.
During the term of this Agreement, Inspire will ensure that 100% of your electricity usage is matched with renewable energy credits ("RECs"). Each REC represents proof that electricity was generated from an eligible renewable energy resource such as wind, solar, hydro, or qualified biomass. Inspire will purchase RECs in the same calendar year as your electricity usage in order to support the development and operation of renewable energy generation. Inspire will "retire" them in a regional generation attribute system. The electricity supply actually delivered to your home or service address will not contain electricity supply generated from any particular electric generation facility. Inspire may take up to 3 months after the end of each calendar year under which this Agreement is in effect to address any deficiency that may arise in the renewable energy content of electricity sold under this Agreement in the previous calendar year. The BPU requires all third-party suppliers to make their environmental disclosures available to their customers. Inspire’s disclosure can be found at https://www.inspirecleanenergy.com/environmental-disclosures/NJ/annual.
8. Penalties, Fees and Exceptions. There are no sign-up fees, customer service charges, or cancellation fees with Inspire. Failure to pay your EDC bill on a timely basis may result in late payment fees or penalties assessed by your EDC and/or late payment fees charged by Inspire as set forth in Section 11 below. Inspire may also charge a fee for returned payments as set forth in Section 11 below.
9. Special Terms and Conditions: Promotions and Rewards. Complete terms and conditions related to any Inspire Rewards or Promotional programs specific to your plan, if applicable, are enclosed and will also be included in your Welcome Confirmation. If you cancel this Agreement, you may forfeit some or all of the incentives specific to this Agreement.
10. Renewal Provision and Material Changes. This Agreement will remain in effect, and Inspire will continue to supply your electricity, until cancelled by either you or Inspire. The cancellation provisions are set forth in Section 6 above. If Inspire wishes to make changes to any of the material terms of this Agreement we will send you a notice at least forty-five (45) days prior to such change. If Inspire does not receive your affirmative consent for such change, and it is either a non-material change or a material change by operation of law, including changing the price to reflect a change in Sales and Use Tax or other state-mandated charge, the terms and conditions of this Agreement shall continue until cancelled by either your or Inspire. If Inspire wishes to make a material change to the contract terms that is not required by operation of law, your affirmative consent would be required in order for your contract to continue. Your rights will be explained in the change notice that Inspire will send to you.
11. Billing and Payment. You will receive one consolidated bill from your EDC each billing cycle for the electric service provided by Inspire and the transmission, distribution and other services provided by your EDC, plus all applicable taxes. You agree to remit payment for all of these services directly to your EDC in accordance with the payment terms stated in your EDC's tariffs. Failure to make payment for one hundred and twenty (120) days may result in separate bills from your EDC and Inspire. In the event that Inspire must separately bill you, late payment fees of 1.33% may begin to accrue upon balances that are more than five (5) days past due. Inspire's failure to charge late fees when due shall not be construed as a waiver of Inspire's right to collect such late fees. Failure to make full payment may be grounds for disconnection of utility services. A $20 fee per account may be assessed for any payment returned due to insufficient funds. If any payments made by you directly to us are rejected two times in a one-year period, the only form of payment acceptable will be a certified check, money order or electronic funds transfer. If you make a payment for a lesser amount, which includes a statement or letter indicating that the lesser payment constitutes full payment, we may accept such payment without prejudice to any other rights or remedies that we may have against you and we may apply it to your account(s) as a partial payment. Your agree to timely review your invoice and agree that, subject to applicable tariff and law, unless notice is provided by you to Inspire within ninety (90) days of the invoice date, all invoiced amounts shall be deemed to be correct and Customer shall waive any right to dispute amounts set forth on such invoice. Inspire does not offer budget billing. You may contact your EDC for information on their budget billing program.
12. Title and Taxes. Title to, control of, and risk of loss of the electricity sold under this Agreement will pass from Inspire to Customer when it is delivered to Customer’s EDC. Each party will indemnify and hold the other party harmless from any and all claims (including claims for personal injury, death, or property damage), losses, fees, taxes, damages, suits, causes of actions and judgments of any kind arising hereunder while title and risk of loss are vested in the indemnifying party. You will be responsible for the payment of all transfer, sales or other taxes related to Inspire’s service under this Agreement. If you are exempt from any such taxes, you are responsible for identifying and requesting such exemption from the collection of taxes by filing appropriate documentation with Inspire and/or your EDC, as applicable.
13. Contact Information/Customer Complaints. If you have a question about your bill or service or wish to obtain average monthly billed prices for your rate class and EDC service territory for the past 24 months, you may contact Inspire (see Section 25, Contact Information below). If you are not satisfied with the response from Inspire’s Member Support team, you may ask that your questions be referred to an Inspire supervisor, who will respond promptly. If you remain unsatisfied with our attempts to resolve the issue, you may seek assistance from the BPU or request information from the BPU regarding your consumer protection rights. The BPU’s contact information is listed in Section 25 below. Contact information for your EDC, which handles default service can be found in Section 25 below. The requirement to utilize arbitration, which is set forth in Section 20 below, is not negated by your filing of a complaint with the BPU.
14. Power Outages and Emergencies. In an electrical emergency or a power outage, immediately contact your EDC using the phone numbers below:
Atlantic City Electric: 1.800.833.7476
Jersey Central Power & Light: 1.888.544.4877
Rockland Electric (Orange and Rockland): 1.877.434.4100
PSE&G: 1.800.436.7734
15. Limitation of Liability. Inspire’s aggregate liability arising out of or related to this Agreement shall not exceed the amount of your largest monthly invoice for electric service during the twelve (12) months immediately preceding cancellation of this Agreement. The Parties agree to the extent permitted by Law that the statute of limitations with respect to all claims arising out of or related to this Agreement shall be reduced to the lesser of (i) two years from the event giving rise to the claim or (ii) the minimum period permitted by Law and any action not brought within such time period shall be barred without regard to any other limitations period.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT WHEN A REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY HEREIN PROVIDED, LIABILITY SHALL BE LIMITED TO ONLY THE DIRECT ACTUAL DAMAGES AND SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY.IN NO EVENT WILL INSPIRE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, WHETHER UNDER STATUTE, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, OR ANY OTHER LEGAL THEORY, AND TO ALL CAUSE OR CAUSES OF SUCH DAMAGES.
TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OTHERWISE OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THE LIQUIDATED DAMAGES CONSTITUTE A REASONABLE APPROXIMATION OF THE HARM OR LOSS. NOTHING IN THIS AGREEMENT SHALL CONSTITUTE A WAIVER OF ANY RIGHTS CUSTOMER MAY HAVE UNDER NEW JERSEY OR FEDERAL CONSUMER PROTECTION LAWS.
All limitations of liability contained in this Agreement shall survive the termination of this Agreement.
16. Binding Effects and Assignment. This Agreement shall extend to and be binding upon Inspire’s respective permitted successors and permitted assigns. You may not assign this Agreement, in whole or in part, or any of your rights or obligations under this Agreement, without Inspire’s prior written consent and any attempted assignment shall be void. Inspire may, without your consent: (i) sell, transfer, pledge, encumber or assign this Agreement or the accounts receivable and revenues derived from this Agreement (or any proceeds thereof) in connection with any financing agreement, purchase of receivables program or other billing services arrangement; or (ii) assign this Agreement to an affiliate of Inspire; or (iii) assign this Agreement to any other person or entity succeeding to all or a substantial portion of the assets of Inspire or a competitive electricity supplier licensed to do business in New Jersey. In addition, Inspire may assign its rights and obligations hereunder consistent with applicable law. If this Agreement is assigned to another licensed third-party supplier, you will be notified in accordance with applicable regulations. There are no third-party beneficiaries to this Agreement.
17. Force Majeure and No Warranties. INSPIRE MAKES NO REPRESENTATIONS, WARRANTIES, AFFIRMATIONS OF FACT, OR PROMISES, EXPRESS OR IMPLIED, OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT AND INSPIRE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. You agree that if events of Force Majeure result in interruptions in service Inspire will not be responsible for supplying electricity to you and we will not be liable for those interruptions. "Force Majeure" means any "Act of God" or other unexpected and disruptive event beyond the reasonable control of either party that interferes with either party’s ability to perform its obligations under this Agreement, except for the obligation to pay monies. Force Majeure may also include changes in laws, rules, or regulations or other acts of any governmental authority (including the BPU or PJM interconnection), accidents, strikes, labor troubles, requirement maintenance work, inability to access the local distribution utility system, nonperformance by the EDC, hazardous weather, power outages, public health emergencies, or any other cause beyond Inspire’s reasonable control. Any party which is unable to perform its obligations as a result of a Force Majeure event shall provide written notice to the other party of the existence of such event and exercise due diligence to remove such event with all reasonable dispatch, but shall in no event be required to incur commercially unreasonable expense in doing so. Customer acknowledges that Inspire does not own or operate transmission or distribution systems through which energy is delivered.
18. Severability. Each provision of this Agreement is made subject to the maximum extent permitted by law and if any of the provisions, or portions or applications hereof are held to be unenforceable or invalid by any court of competent jurisdiction, Inspire and Customer shall negotiate an equitable adjustment to or amendment of the affected provisions with a view toward effecting the purpose of this Agreement, and the validity and enforceability of the remaining provisions, or portions or applications hereof or thereof, shall not be affected thereby.
19. Application of the UCC. THE PARTIES AGREE THAT TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW, ARTICLE 2 OF THE UNIFORM COMMERCIAL CODE SHALL APPLY TO ENERGY SOLD HEREUNDER AND IF ANY TOPIC OR MATTER ADDRESSED HEREIN IS ALSO ADDRESSED IN SUCH ARTICLE 2, THEN THIS AGREEMENT SHALL CONTROL AS TO SUCH TOPIC OR MATTER. CUSTOMER HEREBY WAIVES ANY RIGHTS IT MAY HAVE PURSUANT TO SECTION 2609 OF THE UCC, OR ANY OTHER SIMILAR DOCTRINE UNDER LAW OR STATUTE WHEREBY CUSTOMER MAY DEMAND ADEQUATE ASSURANCE OF PERFORMANCE FROM INSPIRE.
20. Mandatory Arbitration, Waiver of Jury Trial, and Class Action Waiver.
a. Purpose. For any Dispute with us, you agree to first contact us at help@inspirecleanenergy.com and attempt to resolve the dispute with us informally. In the unlikely event that Inspire is not able to resolve the Dispute it has with you after sixty (60) days, any Dispute involving you and us shall be resolved through individual, binding, and mandatory arbitration.
IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.BY ACCEPTING THIS AGREEMENT, YOU KNOWINGLY, WILLINGLY, AND VOLUNTARILY AGREE THAT YOU AND INSPIRE ARE EACH WAIVING THE RIGHT TO SUE IN COURT (EXCEPT AS PROVIDED HEREIN) AND ARE EACH WAIVING THE RIGHT TO HAVE A TRIAL BY A JURY.
b. Definitions. This "Arbitration Provision" (Section 16 of these Terms of Service) shall be broadly interpreted. "Dispute" means any claim or controversy related to us or our relationship, including but not limited to any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before this or any prior Agreement; (3) claims that arise after the expiration or termination of this Agreement, and (4) claims that are the subject of purported class action litigation. As used in this Arbitration Provision, "us" means Inspire and any of its current or future predecessors, successors, assigns, parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees and agents, and "you" means you and any users or beneficiaries of Inspire’s services rendered under this Agreement.
c. Exclusions. Notwithstanding anything in this Arbitration Provision to the contrary, nothing in this Arbitration Provision will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
d. Right to Sue in Small Claims Court. Notwithstanding anything in this Arbitration Provision to the contrary, either you or we may elect to have an action heard in a small claims court in the area where you receive(d) services from us, so long as the Dispute or claim is not aggregated with the claim of any other person and the amount in controversy is properly within the jurisdiction of the small claims court.
e. Initiation of Arbitration Proceeding. The party initiating the arbitration proceeding may open a case with the American Arbitration Association ("AAA") by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). You may deliver any required or desired notice to us by mail to Inspire Energy Holdings, LLC, 923 Haddonfield Road, Suite 300, Cherry Hill, NJ 08002 – ATTN: LEGAL DEPARTMENT.
f. Arbitration Law and Procedures. This Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by the AAA pursuant to its Consumer Arbitration Rules (the "AAA Rules") as modified by the version of this Arbitration Provision that is in effect when you notify us about your Dispute. You can obtain the AAA Rules and the AAA’s Consumer Due Process Protocol by visiting its website (www.adr.org/consumer) or calling its toll-free number (1-800-778-7879). If there is a conflict between this Arbitration Provision and the rest of this Agreement, this Arbitration Provision shall govern.
A single arbitrator will resolve the Dispute. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless you and we agree otherwise, the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances will take place in the county of your billing address.The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitrator’s decision will follow the terms of the Agreement and will be final and binding.The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of the Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator.The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
g. Waiver of Class Actions and Collective Relief. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS OR DISPUTES TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT, OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL) OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM OR DISPUTE. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR DISPUTES AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT. THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION.
h. Survival and Amendments.This Arbitration Provision shall survive termination of this Agreement.Any amendments to this Arbitration Provision shall be prospective only and shall not affect any pending arbitration proceeding.
i. Waiver of Jury Trial. WHETHER IN COURT OR IN ARBITRATION, YOU AND WE AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT PERMITTED BY LAW.
NOTWITHSTANDING THE FOREGOING, THE RIGHT TO BRING A CIVIL ACTION IN A COURT OF COMPETENT JURISDICTION TO ENFORCE THE NEW JERSEY TRUTH IN CONSUMER CONTRACT, WARRANTY AND NOTICE ACT, N.J.S.A. 56:12-14 et seq., AND ANY OTHER RIGHTS CUSTOMER MAY HAVE UNDER NEW JERSEY OR FEDERAL CONSUMER PROTECTION LAWS,ARE NOT WAIVED IN NEW JERSEY.
21. Applicable Law and Other Provisions. This Disclosure Statement, Contract Summary, any Rewards or Promotional Terms and Conditions, together with the notice containing a welcome letter, a copy of your Contract Summary, Disclosure Statement, and any Rewards or Promotional Terms and Conditions (the "Welcome Confirmation"), and any amendments to these documents from time to time, including any renewal notices and any material change notices, are an agreement (collectively, the "Agreement") for electric generation service between you and Inspire Energy Holdings, LLC. This Agreement supersedes all prior agreements between us, either written or oral. This Agreement is subject to any Law existing or enacted during the term of this Agreement. "Law" means any law, legislation, statute, regulation, rule, tariff, decision, writ, order, decree or judgment, or any interpretations by any court, agency or instrumentality that has jurisdiction. This Agreement will be governed by the laws of the State of New Jersey where service is provided without regard to the application of its conflicts of law principles.
22. Customer Information Release Authorization and Use. By entering into this Agreement, you agree that your EDC may release to Inspire certain information about you that Inspire needs to provide service to you, including your address, telephone number, account number(s), energy consumption history, payment history, billing determinants, and capacity tag/peak energy demand information. You also agree that Inspire may obtain information regarding your credit history from credit reporting agencies. You agree that Inspire may share your information with Inspire’s subsidiaries and/or affiliates, your EDC, and any service vendor or others Inspire uses to support our business, including any third-party entities with whom we have relationships. You also agree that Inspire may share information about your account with any designated rewards partner(s) to the extent necessary to administer the rewards program consistent with the privacy policy of Inspire at www.inspirecleanenergy.com/policies/privacy-policy. You may rescind these authorizations and restrict the release of your information by contacting us by phone at 1.866.403.2620. Inspire reserves the right, to the extent permitted by Law, to reject your enrollment or terminate this Agreement and cancel your service in accordance with this Agreement in the event these authorizations are rescinded. We reserve the right to share information with Inspire’s affiliates, to the extent permitted by Law, but we will not distribute or sell your personal information to any unaffiliated party without your consent unless we are required to do so by Law or it is necessary to enforce the terms of this Agreement or to allow you to receive any rewards or promotions described in your Welcome Confirmation.
23. Regulatory Changes. If there is a future change in any applicable law, rule, regulation, order, filed tariffs, market rules or pricing structure whereby Inspire is prevented, prohibited or frustrated from carrying out the terms of this Agreement, in its sole discretion Inspire will have the right to cancel this Agreement by giving notice to you as required under applicable law. If there is a future change in any applicable law, rule, regulation, order, filed tariffs, market rules or pricing structure, or in charges or new charges, imposed by your EDC, PJM, the BPU or any governmental agency, whereby Inspire incurs additional charges or costs as a result of such changes, then Inspire will have the right in its sole discretion to (i) propose to adjust your price to reflect such additional charges or costs to Inspire by providing you with two advance written notices, an initial notice 45-60 days before the proposed effective date, plus a notice 30 days before the proposed effective date. If you do not accept such proposed price change, Inspire has the right to cancel this Agreement by giving notice to you as required under applicable law.
24. Notices.Inspire shall provide written notice of any changes to this agreement by mail or, if an email address is provided, by email. You consent to receive all notices concerning this Agreement via email, except where prohibited by law. You represent and warrant that you have provided Inspire with contact information that is accurate, complete and current, including without limitation your legal name, address(es), email address(es), and telephone number(s). YOU AGREE TO NOTIFY INSPIRE IMMEDIATELY IF THERE IS ANY CHANGE IN THE INFORMATION THAT YOU HAVE PROVIDED TO INSPIRE, INCLUDING WITHOUT LIMITATION ANY CHANGE IN YOUR TELEPHONE NUMBER(S), INCLUDING YOUR MOBILE TELEPHONE NUMBER(S). YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND AND HOLD INSPIRE HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT (47 U.S.C. SEC. 227), AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM INSPIRE (OR SOMEONE ON INSPIRE’S BEHALF) ATTEMPTING TO CONTACT YOU AT THE TELEPHONE NUMBER(S) YOU PROVIDED. YOUR CONSENT TO BE CONTACTED FOR INFORMATIONAL PURPOSES AT THE TELEPHONE NUMBER(S) YOU PROVIDE TO INSPIRE IS A MATERIAL PART OF THIS AGREEMENT AND MAY NOT BE REVOKED.
25. Contact Information.
Electric Generation Supplier Name: Inspire Energy Holdings, LLC
Address: 923 Haddonfield Road, Suite 300; Cherry Hill, NJ 08002
Phone (toll-free): 866-403-2620
Email: help@inspirecleanenergy.com
Chat: www.inspirecleanenergy.com
Customer Service for your EDC (in case of emergency, including electricity outage, contact your EDC using the telephone number in Section 14 above):
Atlantic City Electric: 1-800-642-3780
Jersey Central Power & Light: 1-800-662-3115
Rockland Electric (Orange and Rockland): 1-877-434-4100
PSE&G: 1-800-436-7734
The BPU:
New Jersey Board of Public Utilities
44 South Clinton Avenue, 9th Floor
P.O. Box 350
Trenton, NJ 08625-0350
Phone: 800-624-0241
Division of Consumer Affairs: 800-242-5846
26. Net Metering: You must notify Inspire of your solar generation and net metering equipment, if any, prior to enrollment, or after enrolled with Inspire, you must provide at least sixty (60) days written notification to Inspire prior to installation of net metering equipment. If you fail to provide such notice, Inspire may adjust your supply price or terminate this Agreement upon 30 days’ written notice prior to the termination of service.
27. Contract Execution. Customer may accept all Terms and Conditions set forth above and incorporated herein, and cause this Agreement to be executed by providing Customer’s written signature below or by such alternative forms of verification identified in N.J.A.C. § 14:4-2.3 or as the BPU may permit to initiate retail energy supply service, including an audio recording of a customer agreeing to the switch verbally on a telephone call or an electronic record of an internet transaction that meets the requirements at N.J.A.C. § 14:4-2.5, including an electronic signature. Such alternative forms of verification shall be treated and deemed enforceable as if Customer had provided an original written signature.
I have read, understand, and agree to these terms and conditions of this Agreement, confirm that I am the customer of record or authorized to make changes to the electricity account, and voluntarily authorize Inspire to perform the necessary tasks to complete my enrollment and initiate electricity supply service.
epjp4jk7
Version 1.0 (Effective 5/2/21)
Promotion and Rewards Terms and Conditions
This agreement sets forth the general terms and conditions ("Promotion Terms") that apply to your participation in any promotion or reward offered by Inspire Energy Holdings, LLC ("Inspire"), including any introductory offers, offers that you access through a promotional code, or any other rebate, bonus, or incentive offered by Inspire (each a "Promotion").
These Promotion Terms are subject to your agreement with Inspire for electricity supply service (including but not limited to, where applicable, any contract summary) (collectively, "Electricity Sales Agreement"), as may be amended from time to time. The Electricity Sales Agreement constitutes a part of these Promotion Terms and is expressly incorporated herein.
Inspire reserves the right to both modify these Promotion Terms from time to time and/or to terminate any Promotion at any time and without prior notice unless notice is required under law.
Terms of specific individual Promotions applicable to you can be found in Section 6.
PLEASE NOTE:THE TERMS BELOW ARE VERY IMPORTANT BECAUSE THEY OUTLINE YOUR LEGAL RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
THE ELECTRICITY SALES AGREEMENT INCORPORATED HEREIN CONTAINS A BINDING ARBITRATION PROVISION THAT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHTS UNDER THESE PROMOTION TERMS.
1. Eligibility. These Promotion Terms do not apply to New York members. When Inspire offers a Promotion, it may set eligibility requirements for participation in the Promotion. Inspire reserves the right to determine whether a particular customer satisfies those requirements. Promotions are not available for all rate classes, all customer types, or in all areas. Promotions are not available in areas where Inspire does not offer its services. You may not be eligible for certain Promotions, including Promotions relating to initial enrollment with Inspire (e.g., a "Sign Up Bonus"), if you have previously been enrolled with Inspire. Promotions are limited to one per customer and electricity supply account. You may become ineligible for a promotion if your local utility company rejects or terminates your Inspire enrollment or service. Additional eligibility limitations related to specific Promotions are set forth in Section 6.
2. Limitations. Promotions are limited time offers. Promotions may not be applied as a credit or offset to reduce the amount owed by you to Inspire or your local utility company. Unless otherwise provided by applicable law, Promotions have no value of any kind until they are redeemed and received by you, and you have no property rights or other legal interest in any Promotion until you redeem and receive a benefit under the Promotion and that property interest or other legal interest continues to be subject to any limitation or requirement of the specific individual Promotion terms and these Promotion Terms. To the extent a Promotion benefit is not a cash award, and unless otherwise provided by applicable law, the Promotion benefit shall have no cash value. Promotions are non-negotiable. You may not transfer, pledge, sell, barter, or assign Promotions to any other party, and any attempt to do so shall be void and of no legal effect. A Promotion cannot be combined with other Promotions, discounts, reward programs, or other offers, unless specifically authorized by Inspire.
Promotion-specific terms and limitations apply (see Section 6). Inspire reserves the right, in its sole discretion, to determine whether a particular customer has met all requirements to redeem under a specific individual Promotion. The manner and means by which a Promotion or Promotion benefit may be redeemed by, conveyed to, or reimbursed to a customer is at the sole discretion of Inspire and may be by any means Inspire deems appropriate, including requiring specified affirmative actions by the customer.
Promotions are void where prohibited by law. In the event that all or part of any Promotion is found to be in violation of applicable law, Inspire shall have no obligation to provide or fulfill the terms of such Promotion.
Inspire may change or cancel any Promotion at any time. Inspire may set an expiration period for Promotion redemption or a redeemed Promotion. Inspire may revoke your participation in any Promotion at any time, and any Promotion or Promotion benefit associated with you may be forfeited at Inspire’s discretion unless already redeemed and received by you subject to any limitation or requirement of the specific individual Promotion terms and these Promotion Terms. Inspire may temporarily or permanently disqualify you from participating in any Promotion and/or adjust or cause to be forfeited any benefits under any Promotion as a result of your abusive behavior, "gaming" conduct, fraud, misrepresentation, violation of any law, bankruptcy or insolvency (subject to applicable law and regulation), or violation of any of the terms or conditions of the Promotion, these Promotion Terms, the Electricity Sales Agreement, or any other agreement with Inspire or your local utility company, in each case as determined by Inspire in its sole discretion. If you, Inspire, or your local utility company cancel your electricity service, close your Inspire account, or revoke your access to any services provided under the Electricity Sales Agreement for any reason, your claim to any Promotion or Promotion benefit not already redeemed by and received by you is forfeited.
3. Customer Information. Inspire may need to provide your information to a third-party vendor or service provider in order to fulfill some or all of a Promotion. You may opt out of Inspire providing information to these third parties by calling Inspire at 866-403-2620. Should you opt out, Inspire does not guarantee another means of accessing or redeeming a Promotion. Please see Inspire’s Privacy Policy for additional information, available at www.inspirecleanenergy.compolicies/privacy-policy.
4. Indemnification; Disclaimer and Limitation of Liability. You agree to indemnify and hold Inspire and its third-party vendors and service providers and their respective affiliates, successors, directors, officers, employees, agents, and contractors harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) arising from your: (i) participation in a Promotion; (ii) fraud or misuse of a Promotion; (iii) violation of these Promotion Terms; and/or (iv) violation of any applicable law or the rights of any third party.
Inspire shall not be responsible for resolving any conflicting claims to any Promotion or Promotion benefit. Inspire is not responsible for any lost or stolen Promotion or Promotion benefit. Inspire shall have no liability in connection with or relating to any disagreements between you and your local utility company.
Inspire reserves the right (but is not required) to correct inaccurate Promotion benefit awards. If Inspire does not credit, or improperly denies, your eligibility for a Promotion to which you were otherwise eligible, then your exclusive remedy will be the issuance of the improperly denied Promotion benefit, if available, or such other alternative benefit as Inspire, in its sole discretion, may determine. Neither Inspire nor any of its affiliates, agents, or representatives have any other or additional liability to you or any other person for such error(s), subject to applicable law. The parties shall follow the dispute resolution procedures set forth in the Electricity Sales Agreement.
Notwithstanding any other provision of these Promotion Terms and subject to the immediately preceding paragraph, in no event will Inspire or any of its respective affiliates, successors, directors, officers, employees, agents or contractors be responsible or liable to you, or anyone claiming through you or on your behalf, for claims, damages, or liability arising out of participation in a Promotion or related to a Promotion, other than such claims, damages, or liability directly caused specifically by Inspire’s gross negligence or willful misconduct. In no event will Inspire be liable for any indirect, special, exemplary, punitive, or consequential damages, including without limitation lost revenue, lost profits, or lost opportunity, arising out of or relating to any act or omission of Inspire, its service providers, or any of their respective affiliates or agents, or otherwise in connection with or relating to a Promotion or its administration or that result from the use of or inability to use a Promotion or Promotion benefit, whether arising under contract, warranty, tort (including negligence or strict liability), or any other theory of liability, even if Inspire has been made aware of the possibility of such damages.
In addition, Inspire makes no warranty or representation, either express or implied, and expressly disclaims any and all liability and damages with respect to type, quality, or fitness for use of goods or services provided through or in connection with a Promotion or the terms herein or otherwise obtained by you in connection with a Promotion. Notwithstanding anything to the contrary, Inspire’s maximum aggregate liability to you for all claims arising out of or relating to these Promotion Terms or to a Promotion shall not exceed the lesser of (i) the amount paid by you to Inspire over the prior twelve months in connection with the Promotion, and (ii) $10.
5. Miscellaneous. You are solely responsible for reporting Promotion benefits on your tax returns, if applicable, and paying any tax liability relating to any Promotion is solely your responsibility. When laws require Inspire to do so, Inspire will also report Promotions as income to the Internal Revenue Service, as well as to state and local tax authorities.
Inspire may end any Promotion at any time for any reason or no reason, without notice to you unless notice is required under applicable law. Inspire may also in its sole discretion cancel, change, amend, modify, or restrict any Promotion or any aspect, term, or feature of any Promotion or these Promotion Terms at any time without prior notice and for any reason or no reason (subject to any notice requirements under applicable law). You consent to all such changes and agree that they will apply to you and the Promotions.
These Promotion Terms and the documents that they incorporate constitute the entire agreement between you and Inspire with respect to the subject matter of these Promotion Terms and supersede all prior agreements or representations, written or oral, concerning such subject matter; provided, however, nothing herein modifies the terms and conditions of the Electricity Sales Agreement.
The failure by Inspire to enforce any provision of these Promotion Terms shall not constitute a waiver of that provision. You may not assign any of your rights or obligations under these Promotion Terms, in whole or in part, without Inspire’s prior written consent. Inspire may assign its rights and/or obligations under these Promotion Terms, in whole or in part, without your consent.
6. Terms of Individual Promotions. You may be eligible for the following individual Promotions. The following additional terms and conditions apply to such Promotions.
A. Reimbursed Cancellation Fee. Following your enrollment in an eligible service offered by Inspire, you may redeem a reimbursement of up to $150 to cover contract termination or cancellation fees ("Cancellation Fees") charged by your former electricity supplier and paid by you in switching your electricity supply service to Inspire. Your ability to receive this reimbursement is subject to the Electricity Sales Agreement, Promotion Terms, and the terms in this Section 6(B). New York members are not eligible for this promotion at this time.
You are not eligible for this Promotion if: (i) If your service address is in New York State (ii) Inspire determines you are ineligible or unable to enroll in or receive electricity supply services from Inspire; or (iii) you are not, at the time of redemption, enrolled in an Inspire subscription or fixed-rate plan for electricity supply services. Inspire will only reimburse Cancellation Fees paid by you as a direct result of your switching to an Inspire service (for example, Inspire will not pay for fees incurred when you switched to your former electricity supplier). Sales tax on Cancellation Fees will not be reimbursed. In no case will Inspire reimburse more than $150 in Cancellation Fees to a single customer or on any one electricity account.We reserve the right to chargeback any reimbursement redeemed under this Promotion if your electricity service or Inspire account is cancelled, terminated, or closed within six (6) months of redemption.
To redeem your reimbursement under this Promotion, you must contact Inspire Member Experience at 866-403-2620 and provide Inspire any proof of payment it requests. Such proof must be submitted within thirty (30) days of your payment of any Cancellation Fee you seek to have reimbursed.Inspire is not obligated to provide any reimbursement or honor this Promotion if you fail to timely provide Inspire with any information it may request. Reimbursements under this Promotion will be made by any means Inspire deems appropriate, including by check (to be mailed to your address Inspire has on record).
B. Free 1st Full Month of Electricity Supply with Inspire (up to $500). Free 1st Full Month of Electricity Supply with Inspire (up to $500).
Following your enrollment in an eligible service offered by Inspire, you will be reimbursed for the first full month of electricity supply charges you incur for such service-not including taxes or any delivery, distribution, or other charges or fees billed by your utility company-up to $500. Your ability to redeem this Promotion is subject to the Electricity Sales Agreement, Promotion Terms, and the following terms. This Promotion is subject to expire any time at Inspire's discretion.
You are eligible for this Promotion only if: (i) Inspire is able to provide electricity supply service to your service address; (ii) you are a new Inspire customer (i.e., you have not previously subscribed to any Inspire service); (iii) you are enrolled in an Inspire subscription or fixed-rate plan for electricity supply services; (iv) you are a residential or small commercial Inspire customer; and (v) your utility company accepts your enrollment with Inspire.
To receive a reimbursement under this Promotion, you must maintain an active account with Inspire for at least one (1) full calendar month pursuant to the Electricity Sales Agreement. An active account is an account (i) that is billing more than $0 per month for Inspire electricity supply service; and (ii) for which Inspire has not received a request to discontinue (drop) service or change programs. Any cancellations or rescissions of your Inspire service or the Electricity Sales Agreement prior to your completing one (1) full month of electricity supply service with Inspire voids this Promotion and your eligibility in this Promotion.
If you meet the Promotion requirements, Inspire will reimburse up to $500 of eligible electricity supply charges you incur during your first full month of Inspire electricity supply service. Reimbursement for eligible electricity supply charges will be made within sixty (60) days of the end of the billing cycle that includes your first full month of service. You will not be reimbursed for more than $500, even if your eligible electricity supply charges are greater than that amount. For the avoidance of doubt, in no case will Inspire reimburse more than $500 to a single customer or on any one electricity account under this or any similar Promotion. You are responsible for paying any taxes, delivery, distribution, or other charges or fees billed by your utility company, which charges or fees will not be reimbursed by Inspire. Inspire is not responsible for any damages or losses related to your failure to pay any utility company charges.
Reimbursements under this Promotion may be made by any means Inspire deems appropriate, including by check (to be mailed to the address Inspire has on record for your account). Inspire may require you to affirmatively redeem the reimbursement. Upon Inspire’s request, you agree to provide within a time period stated by Inspire a copy of your bill or invoice or any other information Inspire may request to facilitate reimbursement under this Promotion; Inspire is not obligated to provide any reimbursement or honor this Promotion if you fail to timely provide Inspire with any information it may request.
We will cover any early cancellation fees up to $150 from your previous supplier. Following your enrollment in an eligible service offered by Inspire, you may redeem a reimbursement of up to $150 to cover contract termination or cancellation fees (“Cancellation Fees”) charged by your former electricity supplier and paid by you in switching your electricity supply service to Inspire. Your ability to receive this reimbursement is subject to the Electricity Sales Agreement, Promotion Terms, and the terms in this Section 6(B).
You are not eligible for this Promotion if: (i) Inspire determines you are ineligible or unable to enroll in or
receive electricity supply services from Inspire; or (ii) you are not, at the time of redemption, enrolled in an Inspire subscription or fixed-rate plan for electricity supply services. Inspire will only reimburse
Cancellation Fees paid by you as a direct result of your switching to an Inspire service (for example,
Inspire will not pay for fees incurred when you switched to your former electricity supplier). Sales tax on Cancellation Fees will not be reimbursed. In no case will Inspire reimburse more than $150 in
Cancellation Fees to a single customer or on any one electricity account. We reserve the right to
chargeback any reimbursement redeemed under this Promotion if your electricity service or Inspire
account is cancelled, terminated, or closed within six (6) months of redemption.
To redeem your reimbursement under this Promotion, you must contact Inspire Member Experience at 1-866-403-2620 and provide Inspire any proof of payment it requests. Such proof must be submitted within thirty (30) days of your payment of any Cancellation Fee you seek to have reimbursed. Inspire is not obligated to provide any reimbursement or honor this Promotion if you fail to timely provide Inspire with any information it may request. Reimbursements under this Promotion will be made by any means Inspire deems appropriate, including by check (to be mailed to your address Inspire has on record).