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www.ContinuumEnergyServices.com ● 11490 Westheimer Road, Ste. 200, Houston, Texas 77077 ● Toll-Free: 877-807-5193
Continuum Retail Energy Services, L.L.C. Winter Secure Monthly Payment Product
General Terms and Conditions
This Continuum Energy Retail Energy Services, L.L.C. (“Continuum” or Continuum Energy”) WinterSecure
Monthly Payment Agreement (“Agreement”) is the complete agreement between you and Continuum Energy and
sets forth the general terms and conditions regarding your Continuum Energy monthly payment. You
acknowledge that this document is a binding and enforceable contract and that it will become effective when
you receive your first bill with Continuum as your Supplier. In this Agreement, you are referred to as "you" and
"your", and Continuum Energy Retail Services, L.L.C. is referred to as "Continuum Energy ". Your Agreement with
Continuum for natural gas service includes these terms and conditions. By accepting natural gas service from
Continuum, you have agreed to be bound by the terms of your Agreement.
Your Agreement is for the supply of natural gas and does not include natural gas delivery service, which will be
provided by your utility. You will receive one bill from your utility that will include (i) Continuum’s charges for the
supply of natural gas and (ii) your utility’s charges for natural gas delivery service. The obligation of Continuum to sell
and schedule natural gas for delivery to you and the obligation of you to purchase natural gas from Continuum is
contingent upon (a) your eligibility and successful enrollment, as determined by your utility and (b) the accuracy and
completeness of information provided by you during the enrollment process.
ENROLLMENT: When you submit the Confirmation Code provided to you by Continuum Energy to
subscribe to the Continuum Energy WinterSecure monthly payment service (or when you provide the
Control Number to Continuum Energy to allow Continuum Energy to submit the Confirmation Code for
Continuum Energy WinterSecure on your behalf), you sign up for the Continuum Energy WinterSecure fixed
monthly payment option under the terms set forth in this Agreement.
1.
MINIMUM QUANTITIES: Under the Continuum Energy WinterSecure fixed monthly payment option,
Continuum Energy agrees to sell to you and deliver to your local gas distribution company (hereinafter
referred to as “LDC”), and you agree to purchase from Continuum Energy and receive from your LDC, 100
percent of the natural gas requirements for the account for which you subscribed to the Continuum Energy
WinterSecure monthly payment service (referred to herein as "Account"). Your LDC will deliver the natural
gas to the Account and shall invoice and collect Continuum Energy ’s charges.
2.
TERM: This Agreement shall be in effect from the first day of the month for which you receive your first
Continuum Energy WinterSecure bill under this Agreement through the immediately succeeding May 31, if you
select the one-year Continuum Energy WinterSecure bill option. If you select the two-year Continuum Energy
WinterSecure bill option, this Agreement shall be in effect from the first day of the month for which you
receive your first Continuum Energy WinterSecure bill under this Agreement through the second succeeding
May 31. The term is subject to you meeting all requirements to receive and continue receiving service
under the LDC’s choice gas program (hereinafter referred to as the "Choice Program").
3.
MONTHLY PAYMENT AND MATERIAL CHANGE IN GAS CONSUMPTION: The applicable LDC will
invoice you for the monthly payment amount and you shall pay such amount for each month during the term of
this Agreement in accordance with the applicable LDC’s billing and payment terms. Your monthly bill for all of
your residential natural gas usage will be the amount confirmed to you at the time you subscribed to the
Continuum Energy WinterSecure monthly payment service. Your Continuum Energy Wi nte r Sec ur e
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monthly payment amount includes all of the following charges, as defined in the applicable tariff: Supplier
Commodity Charge, Customer Charge, Distribution Charge, and Tax and Franchise fee. You
acknowledge that in addition to the Continuum Energy WinterSecure monthly payment amount you shall
be responsible for paying any other service fees, connection charges, non- sufficient funds fees, or late
fees a sse ssed b y the a pp l i cab l e L DC o r o th e r ch a rge s un re l a te d t o t he Continuum Energy
WinterSecure program. Continuum Energy reserves the right to bill for and collect any exit fees or
penalties not collected by the LDC. In addition, overdue amounts billed by Continuum Energy incur interest
at the highest amount allowed by law plus any credit and collection costs incurred by Continuum Energy .
The amount you will be required to pay for natural gas for the Continuum Energy WinterSecure monthly
payment service during the term of this Agreement will not increase or decrease based on variations in
weather conditions, changes in natural gas market prices, or changes in the rates charged by the
applicable LDC. Continuum Energy reserves the right to alter the monthly payment amount based on any
material change in your natural gas usage, including but not limited to the discontinuance of supplemental heat
sources or increased heating load due to additions and/or extensions. You shall provide Continuum Energy written
notice of any such material changes as soon as reasonably possible. Continuum Energy will provide written
notice of the change in your monthly Continuum Energy WinterSecure bill amount and the reason for such change.
EVENTS OF DEFAULT: You will be in default under this Agreement if any of the following events occur: (i)
you fail to comply with any of the terms of this Agreement, including but not limited to the payment terms; (ii)
you move during the term of this Agreement, and (a.) fail to inform Continuum Energy of your move, and/or (b)
the new owner does not take assignment of this agreement; (iii) or you fail to inform Continuum Energy of a
material change in your natural gas usage. In the event of default, Continuum Energy shall have the right, at its
sole election, to immediately withhold or suspend deliveries and/or to terminate this Agreement in addition to
any and all other remedies available hereunder. In the event this contract is terminated early as a result of an
event of default, then at Continuum Energy ’s discretion the monthly payment for each remaining month in the
term of this Agreement may be due and payable with the final invoice and Continuum Energy may require you
to pay to Continuum Energy a Termination Fee of $50.00 in addition to all outstanding amounts owed to
Continuum Energy for gas delivered to the Point of Delivery. If you do not inform Continuum Energy of
material changes in your natural gas use, Continuum Energy reserves the right to bill you, either directly
or via the LDC, for the difference between your monthly payment and the cost of your actual consumption
of gas at applicable market rates.
6.
. QUESTIONS, ERRORS OR NOTICES: I f you have questions regarding your Continuum
Energy WinterSecure bill or believe there is a billing error, contact Continuum Energy at 877-807-5193 or
11490 Westheimer Road, Ste. 200, Houston, Texas 77077. To dispute Continuum Energy WinterSecure amounts
on your bill, you must put your dispute in writing to Continuum Energy at the address listed above within
sixty (60) days of the date of the LDC bill on which the Continuum Energy WinterSecure error appeared, and
provide the following information: (1) your name and account number; (2) the dollar amount of the
suspected error; and (3) a description of why you believe there is an error. Disputes regarding amounts
billed by the LDC are also subject to the applicable LDC tariff. You must notify Continuum Energy promptly if
you change your mailing address. All written notices and statements from Continuum Energy to you will be
considered given when placed in the United States mail, postage prepaid, and addressed to you at your
current address as it appears in the records Continuum Energy receives from the applicable LDC.
7.
WARRANTIES AND LIMITATIONS OF LIABILITIES: The liability of a party for breach of any provision(s)
of this Agreement for which an express remedy is provided, such express remedy shall be the sole and
exclusive remedy. In the event of a breach of any provision of this Agreement for which no express remedy is
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provided, you and Continuum Energy agree that any liability to each other shall be limited to direct actual
damages only. IN NO EVENT SHALL CONTINUUM ENERGY BE LIABLE UNDER THIS AGREEMENT,
WHETHER IN AGREEMENT, IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE,
FOR INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES. ACE MAKES NO WARRANTIES, EXPRESS OR
IMPLIED, WITH RESPECT TO ANY SERVICE OR COMMODITIES, INCLUDING ANY IMPLIED WARRANTY
OF MERCHANTABILITY OR FITNESS OR A PARTICULAR PURPOSE.
TITLE: Title to the natural gas sold hereunder shall pass at the point of delivery. Continuum Energy shall be
in full control and possession of the natural gas and responsible for any damage or injuries caused thereby until
the natural gas is delivered to you or your designee at the point of delivery, except for injuries and damage which
shall be caused by the negligence of you. You shall likewise be fully responsible after the natural gas is delivered
to the delivery point(s) except for injuries and damage caused by the negligence of Continuum Energy .
9.
FORCE MAJEURE: Neither party is liable for any failure to perform any provision or obligation of this
Agreement (except your obligation to pay for natural gas dispatched and delivered) if such failure is caused by
force majeure which shall include, but not be limited to, acts of God; federal, state or municipal legislation or
regulation; fires, floods, storms or other natural occurrences; strikes, war or accidents; and the refusal or
inability of any pipeline or local distribution company to accept gas for delivery or any similar cause beyond the
control of the party failing to perform. A force majeure event will not excuse either party from the obligation of
reimbursement to the other for a scheduling penalty until the party holding transportation has been notified and
has had a reasonable opportunity to readjust the scheduled penalty.
10.
ASSIGNMENT: Neither party may assign its rights, obligations or interests hereunder, without the written
consent of the non-assigning party, which shall not be unreasonably withheld. Continuum Energy reserves the
right to adjust the monthly payment amount based upon the assignee’s natural gas usage.
11.
LAWS AND REGULATIONS: This Agreement and each of its provisions are subject to the general terms and
conditions of the applicable Choice Program, all valid, applicable federal and state laws and to the orders, rules
and regulations of any duly constituted regulatory body or authority, state or federal, having jurisdiction. You
acknowledge that you did not rely on any oral representations other than such as are reflected in writing
herein. You and Continuum Energy agree to comply with all the requirements, terms and conditions of
the Choice Program as such terms and conditions may be modified from time to time. You acknowledge that
if the Choice Program is terminated or changed in any manner, then Continuum Energy reserves the
right to modify or cancel the terms and conditions of this Agreement upon 10 days written notice to you. The
laws of the state in which the service is being provided shall govern the interpretation and performance of this
Agreement. Venue for any action tried hereunder shall be in the state in which the service is being provided
whether in federal or state court. In the event any part of this Agreement is not valid, all other parts of this
Agreement will remain enforceable. The failure of either party to exercise any right granted hereunder shall not
impair, nor be deemed to be a waiver of said party’s privilege of exercising such right at any subsequent time or
times.
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