Terms of Service
Electricity / Residential Price Plan / PUCT License #10078

The services provided to you by Accent Energy Texas LP d/b/a Dynowatt (“Dynowatt”) are governed by the terms and conditions stated in this document. This document, together with the terms provided in your Electricity Facts Label (collectively the “Agreement”), explain the details of your electric service with Dynowatt.
CUSTOMER NAME: BILLING ADDRESS: _________________________________________
(Proper name of business or home owner, as applicable)

ESI ID #: DAYTIME PHONE: EVENING PHONE: FACSIMILE: EMAIL ADDRESS:

________________________ ________________________ ________________________ ________________________ ________________________

_________________________________________
(Street address line 1)

_________________________________________
(Street address line 2)

_________________________________________
(City/State/Zip Code)

SERVICE ADDRESS:

_________________________________________
(Street address line 1)

_________________________________________
(Street address line 2)

_________________________________________
(City/State/Zip Code)

Consumer Disclosure Statement TDSP (Utility): Price Plan: Sales Price:
AEP Texas Central / AEP Texas North / Centerpoint Energy / ONCOR Electric / Texas New Mexico Power

Fixed Rate Product / Variable Price Product / GoGreen Fixed Rate Product / GoGreen Variable Price Product / SecureRate Online

(Fixed Rate)Fixed Rate of _______ cents per kilowatt hour (kWh). (Variable Price)Variable Price, established each month based upon and in response to market conditions and other factors.
A monthly base charge of $6.95 will be assessed in any monthly billing cycles where usage is less than 1,000 kWh. See Electricity Facts Label for additional pricing information.

Term: Rescission Process:

(Variable Price) Month to Month (Fixed Rate) 6, 7, 12, 16, 18, 24, 36 months

You may rescind this Agreement without penalty at any time before midnight of the third (3rd) business day following the date of your receipt of (a) this Agreement, (b) Dynowatt’s Electricity Facts Label, and (c) Dynowatt’s Your Rights as a Customer document. To rescind this Agreement you must contact Dynowatt at 866.660.7661. You waive the right to rescind this Agreement if a move-in is requested at the time of enrollment.

Early Termination Fee: Late Payment / Returned Checks:

(Fixed Rate) $25.00 multiplied by the number of whole or partial calendar months remaining in your current Fixed Rate Term, as determined at the time of your termination. (Variable Price) No termination fee.
You will be charged: (a) a five percent (5%) penalty on past due balances; (b) a $30.00 charge on all returned checks; and (c) for reimbursement to Dynowatt for any expenses Dynowatt reasonably incurs to enforce this Agreement or collect any past due amounts, including attorney’s fees if permitted by law.

Renewal Process:

At the end of the initial Term, your service will continue month-to-month on a Variable Price Product with the Variable Price established each month during the renewal Term. During the renewal Term, the Price may be adjusted monthly by Dynowatt without advanced notice based upon and in response to market conditions and other factors to reflect changes in the cost of generating electricity. At the end of your initial Term, you may be eligible to select a Fixed Rate Product by enrolling at www.dynowatt.com or by contacting Customer Service at the telephone number listed below.

Enrollment Date:

 

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Authorization to Change Providers. You certify that you are at least eighteen (18) years of age and have the authority to change electricity service providers for this account. By accepting this Agreement, you are authorizing Dynowatt to become your new Retail Electric Provider (“REP”). You authorize Dynowatt to act as your agent and to work with the Electric Reliability Council of Texas (“ERCOT”), your Transmission and Distribution Service Provider (“TDSP”) and your current electricity service provider to make the switch effective. You also acknowledge that you are not a current customer of Dynowatt with an active Price Plan. If Dynowatt determines that you currently have a Variable Price Product with us that plan will automatically terminate on the Commencement Date of this Agreement, except for your obligation to pay any charges previously invoiced by Dynowatt. If you currently have a Fixed Rate Product with Dynowatt, that agreement will continue and this Agreement will be null and void. Services Provided. Dynowatt will provide your full electricity supply requirements for the account (“ESI ID”) provided by you in your enrollment. Pricing for the Fixed Rate Product is indicated in the Electricity Facts Label and the Consumer Disclosure Statement contained within this document. If you elected to enroll in Dynowatt’s SecureRate Online product, you have also authorized (i) monthly payment of your bills via automatic, recurring withdrawals from your checking or savings account and (ii) electronic delivery of your bills and contract expiration notice to the email address provided by you at the time of enrollment. The TDSP transmission and delivery charges are included in the price and these charges may fluctuate, while the cost of electricity reflected in the price shall remain fixed for the Term. Your bill will have these separate charges listed: energy charge (inclusive of recurring TDSP customer charges), any non-recurring TDSP charges, all applicable federal, state, or local taxes and Dynowatt’s Monthly Base Charge. Term of Agreement. Your initial term (“Term”) is set forth on the Electricity Facts Label and the Consumer Disclosure Statement contained within this document. The Term will commence on the date your electricity supply is switched to Dynowatt or, if you are already receiving electricity service from Dynowatt, the date of your next meter read following the last date you are able to rescind this Agreement (the “Commencement Date”). Dynowatt will send you notice at least fourteen (14) days prior to the end date of your initial Term. At the end of your initial Term, your service will continue month-to-month on a Variable Price Product with the variable Sales Price established each month during the renewal Term. During the renewal Term, the cost of electricity may be adjusted monthly by Dynowatt without advanced notice based upon and in response to market conditions and other factors. No Enrollment Fee. Dynowatt will not charge you a fee to enroll with us. A fee may be assessed by your TDSP to process your switch or move-in; in such case, any such fee will not exceed the rate charged to Dynowatt by your TDSP. Credit Review and Reporting. You authorize Dynowatt to obtain information on your credit history and consumption from your TDSP or your credit history from any reporting agency at any time during this Agreement. Dynowatt may use this information; along with information you have provided, to review your creditworthiness and eligibility for services as a Dynowatt customer. You understand that Dynowatt may decide to reject your application for various reasons. You also understand that Dynowatt may report payment activity on your Dynowatt account to any credit-reporting agency. You may rescind this authorization at any time by providing written notice to Dynowatt or calling Dynowatt at the number below. Dynowatt reserves the right to cancel this Agreement in the event you rescind this authorization and you agree to pay any cancellation fees due as provided for in this Agreement. Dynowatt will not use your credit score, credit history, or utility payment data as the basis for determining the price for electric service for a product with a contract term of 12 months or less.

 

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You are deemed to have established satisfactory credit if you (i) have been a customer of any REP or an electric utility within the two years prior to the request for electric service; (ii) are not delinquent in payment of any such electric service account; and (iii) during the last 12 consecutive months of service were not late in paying a bill more than once. You are deemed to have satisfactory credit if you are sixty-five (65) years of age or older and you are not currently delinquent in payment of any electric service account. Also, you are deemed to have satisfactory credit if you have been determined to be a victim of family violence as defined in the Texas Family Code §71.004 by a family violence center or by treating medical personnel. This determination shall be evidenced by submission of a certification letter developed by the Texas Council on Family Violence. Deposits. If you do not meet Dynowatt’s credit standards or cannot demonstrate satisfactory credit, Dynowatt reserves the right to request an initial deposit up to five (5) days prior to the Commencement Date. If Dynowatt requires an initial deposit, you may refuse payment and cancel this Agreement without penalty at any time prior to five (5) days before the Commencement Date. Dynowatt may request a deposit if you are delinquent in payment more than once in a twelve (12) month period or have been disconnected at least once in a twelve (12) month period. The deposit will not exceed an amount equivalent to the greater of one fifth of the estimated annual billings or the sum of the estimated billings for the next two months and will accrue interest at the rate specified by the Public Utility Commission of Texas (“PUCT”) if held for more than thirty (30) days. If you qualify for the PUCT rate reduction program and Dynowatt requires a deposit in excess of $50.00 from you, you may pay the required deposit in two equal installments pursuant to PUCT regulations. You may also post a letter of guarantee in lieu of a deposit. Any deposit will be returned following the closing of your account(s) and the payment of any outstanding invoices. See http://www.puc.state.tx.us/rules/subrules/electric/index.cfm for more details. Billing and Payment. You will receive one monthly bill from Dynowatt which will be rendered either in paper or electronic format as requested by you. If you have enrolled in Dynowatt’s SecureRate Online product, your bill will be sent electronically unless you have opted out of this service and agreed to pay the applicable opt-out charge listed below. The service period associated with each invoice will be approximately thirty (30) days and will be based on your TDSP meter read cycle for your ESI-ID or usage may be estimated and your invoice reconciled with actual usage data in subsequent months. Payment is due upon receipt. Payment will be considered past due if not received by Dynowatt within sixteen (16) days following the date the bill was issued. If the 16th day falls on a holiday or weekend, then the due date will be the next business day after the 16th day. If you elect to pay your bill by a recurring, automatic payment option (such as ACH or via pre-authorization to charge your credit card or account on a monthly basis), you authorize Dynowatt to debit your account or credit card on the date of the invoice. If you have enrolled in Dynowatt’s SecureRate Online product and subsequently opted out of the Auto-Pay service, you agree to pay the applicable opt-out charge listed below.   Additional Fees. In addition to charges or fees specified elsewhere in this Agreement or otherwise authorized by law, you agree to pay the following additional fees and charges, if applicable: • Monthly Base Charge: You will be assessed a Monthly Base Charge of $6.95 in any monthly billing cycles where usage is less than 1,000 kWh. • Credit Card Processing Fee: $3.00 for each credit card or debit card transaction processed. This fee is only applicable to customers who are currently enrolled in Dynowatt’s SecureRate Online product. • E-Bill Opt Out Charge: This charge is only applicable to customers who are currently enrolled in Dynowatt’s SecureRate Online product and opt out of the E-Bill service. The charge will be assessed as a one-time charge and is calculated as $2.00 multiplied by the number of invoices remaining in your current SecureRate Online term. • Auto-Pay Opt Out Charge: This charge is only applicable to customers who are currently enrolled in Dynowatt’s SecureRate Online product and opt out of the Auto-Pay service. The charge will be assessed as a one-time charge and is calculated as $4.00 multiplied by the number of invoices remaining in your current SecureRate Online term.

 

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Levelized Payment Plans. Customers with an account balance paid current may be eligible for a levelized payment plan. If you are eligible for a levelized payment plan, you will pay the same amount for the electric service portion of your bill each month. The amount is reviewed annually to determine if any adjustments are necessary based upon how much electricity you are actually using. After one full year, Dynowatt will review your account to see whether there is an overbilling or underbilling on your account. We will credit your account for any overbilled amount or bill you for any underbilled amount. Financial and Energy Assistance. Dynowatt has a bill payment assistance program for customers with financial hardship who are temporarily unable to pay their bills. Please call us at 877.396.6928 if you would like additional information on this program. Disconnection for Non-Payment. If you fail to pay your bill in accordance with the Billing and Payment provisions of this Agreement, Dynowatt may instruct the TDSP to disconnect electricity service to your service address. Dynowatt will not submit an order to the TDSP to disconnect service for non-payment of legitimately disputed invoice amounts. Critical Care, Ill and Disabled Customers. If interruption or suspension of your electricity services would create a dangerous or life-threatening condition, you may qualify as a “critical load” for notification of interruptions and suspension of your service by your TDSP. Your TDSP determines whether you qualify. To request this designation, you must complete the Critical Care Eligibility Determination Form annually and return it to your TDSP. You may also qualify as an ill and disabled person who is eligible for certain payment extensions prior to disconnections. Please contact Dynowatt for more information. Qualification as a critical care or ill and disabled customer does not relieve you of your obligation to pay for the electricity services that you receive. Termination and Cancellation Fee. You may cancel this Agreement at any time, subject to the cancellation and termination provisions herein. To cancel service you must contact Dynowatt either by telephone, email, fax, or registered mail, return receipt requested, at the number, email address or postal address set forth below. You must pay Dynowatt any applicable cancellation fee within five (5) business days of Dynowatt’s notice thereof. You agree that the cancellation fee is a reasonable estimate of loss and not a penalty. This Agreement will automatically terminate if you show reasonable evidence that you have changed your service location(s), in which case you will not be charged a cancellation fee. However, if your service location is not your residence, and you are in the business of leasing residential or commercial space, you may not cancel this Agreement without penalty upon leasing or renting such service location to another party. If your new location is also included in the same TDSP service area, you may contact Dynowatt to enter into a new Agreement. Dynowatt is providing service pursuant to the current REP rules (“Program”), under the jurisdiction of the PUCT. See http://www.puc.state.tx.us/rules/subrules/electric/index.cfm for more details. If the PUCT, ERCOT or any other governmental entity terminates or modifies the Program prior to the end of the Term, or there is a material change in any law, rule, regulation, or TDSP pricing structure, Dynowatt may modify or cancel this Agreement and you will not be charged a cancellation fee. However, if your current TDSP terminates you from the Program prior to the end of the Term, this Agreement will terminate automatically as of your termination date from the Program and you will be charged the cancellation fee. Modification of Agreement. With the exception of any changes to the Program as stated in the Termination and Cancellation Fee section above, Dynowatt may modify this Agreement at any time after the initial Term. Any modification will be effective after Dynowatt provides you with at least fourteen (14) days notice of the new terms of service. All such new terms of service will be effective as of the Commencement Date unless specified otherwise in Dynowatt’s notice to you. If you do not wish to continue your contractual relationship with Dynowatt pursuant to the new terms of service proposed, you must notify Dynowatt before the 14 days have expired, either by email, fax, or registered mail, return receipt requested, at the

 

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numbers, email address or postal address set forth above. If you fail to notify Dynowatt of your decision not to continue a contractual relationship under the new terms of service, you will continue a contractual relationship with Dynowatt without interruption based on the new terms of service (including price and term, as applicable) indicated in the modification notice sent to you. Right to Rescind. Your right to rescind this Agreement as set forth in the Consumer Disclosure Statement is no longer applicable if you request a move-in. No third party may cancel your service for you without your written consent. Assignment. You may not assign this Agreement without the prior written consent of Dynowatt. Dynowatt may assign your contract to other eligible REPs and transfer all terms of this Agreement, provided that Dynowatt provides you with minimum advance notice required by the PUCT (thirty [30] days as of the date of this Agreement). See http://www.puc.state.tx.us/rules/subrules/electric/index.cfm for more details. Failure to Perform and Limitation of Liability. Except for your obligation to pay the full amount of all invoices for service, neither party will be liable for any failure of performance due to causes or events beyond its reasonable control. Any such causes or events will be promptly reported to the other party and remedied as soon as possible. Dynowatt will not be liable for damages related to the quality or reliability of the electricity delivery systems, service restoration activities or any other activities outside the terms of this Agreement. DYNOWATT’S LIABILITY TO YOU IS LIMITED TO DIRECT DAMAGES INCURRED BY YOU. IN NO EVENT WILL DYNOWATT, ITS OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AGENTS OR ASSIGNS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR INDIRECT DAMAGES ARISING FROM DYNOWATT’S ACTS AND/OR OMISSIONS UNDER THIS AGREEMENT. DYNOWATT MAKES NO REPRESENTATIONS OR WARRANTIES OTHER THAN THOSE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Waiver. Dynowatt's waiver of any breach, or Dynowatt's failure to enforce any of the Agreement's terms, covenants or conditions will in no way affect, limit, modify or waive the future enforcement of such terms, covenants or conditions. Responsibilities of the TDSP, Service Outages, Emergency Service. Your TDSP maintains responsibility for the reliability of the electricity supply, as set forth in the TDSP tariffs approved by the PUCT. Your TDSP is responsible for distribution lines, meters and meter data, and the quality of power entering your facilities. You will receive TDSP services at the same prices and terms from any REP. To report a service outage or emergency, please call your TDSP toll-free: AEP (CP&L & WTU): CenterPoint Energy: TNMP: ONCOR Electric: 866.223.8508 800.332.7143 888.866.7456 888.313.4747

Non-Discrimination. Dynowatt may not deny service or require a prepayment or deposit for services based on your race, creed, color, national origin, ancestry, sex, marital status, lawful source of income, level of income, disability, familial status, your location in an economically distressed geographic area, or qualification for low income or energy efficiency services.    

 

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Customer Service:  Email:   Fax:  Mail:       Website:

877.396.6928 (Mon – Fri 8:00am – 6:00pm CST) customercare@dynowatt.com 800.947.8683  Dynowatt Powered by Accent Energy 6065 Memorial Drive, Dublin, Ohio 43017 Attn: Customer Care 

www.Dynowatt.com

 

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