Energy Service Agreement

ENERGY SERVICE AGREEMENT

Agreement Number: [________________________________]

Effective Date: [__/__/____]

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PARTIES

ENERGY SERVICE PROVIDER ("Provider"):

Company Name: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

Phone: [________________________________]

Email: [________________________________]

License/Registration No.: [________________________________]

CUSTOMER:

Name: [________________________________]

☐ Individual ☐ Business Entity

Address: [________________________________]

City, State, ZIP: [________________________________]

Phone: [________________________________]

Email: [________________________________]

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ARTICLE 1: SERVICES PROVIDED

1.1 Type of Energy Services

Provider agrees to provide the following services to Customer:

☐ Retail Electric Service

• Supply of electricity to Customer's premises
• ☐ Fixed rate ☐ Variable rate ☐ Indexed rate

☐ Retail Natural Gas Service

• Supply of natural gas to Customer's premises
• ☐ Fixed rate ☐ Variable rate ☐ Indexed rate

☐ Energy Management Services

• ☐ Demand response management
• ☐ Load management
• ☐ Peak shaving
• ☐ Energy monitoring and analytics

☐ Energy Efficiency Services

• ☐ Energy audits
• ☐ Efficiency upgrades
• ☐ Lighting retrofits
• ☐ HVAC optimization
• ☐ Building automation

☐ Renewable Energy Services

• ☐ Solar installation and maintenance
• ☐ Wind installation and maintenance
• ☐ Renewable energy procurement
• ☐ Green power supply

☐ Energy Storage Services

• ☐ Battery storage installation
• ☐ Storage management
• ☐ Backup power services

☐ Electric Vehicle Services

• ☐ EV charging station installation
• ☐ Charging management
• ☐ Fleet electrification

☐ Combined Services

• Description: [________________________________]

☐ Other Services

• Description: [________________________________]

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ARTICLE 2: SERVICE LOCATION(S)

2.1 Primary Service Address

Address: [________________________________]

City, State, ZIP: [________________________________]

Utility Account Number: [________________________________]

Meter Number: [________________________________]

2.2 Additional Service Locations

☐ None

☐ See attached Exhibit A for additional locations

Location	Address	Account Number
1	[________________________________]	[________________________________]
2	[________________________________]	[________________________________]
3	[________________________________]	[________________________________]

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ARTICLE 3: TERM

3.1 Initial Term

This Agreement shall commence on [__/__/____] and continue for an initial term of:

☐ Month-to-month

☐ [________] months

☐ [________] years

3.2 Renewal

☐ Automatic Renewal: This Agreement will automatically renew for successive [________] month/year periods unless either party provides written notice of termination at least [________] days prior to the end of the then-current term.

☐ No Automatic Renewal: This Agreement will expire at the end of the initial term unless renewed by mutual written agreement.

3.3 Early Termination

☐ Customer may terminate at any time without penalty

☐ Customer may terminate with [________] days notice

☐ Early termination fee of $[________] applies if terminated before [__/__/____]

☐ Early termination fee calculated as: [________________________________]

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ARTICLE 4: PRICING AND RATES

4.1 Rate Structure

For Electricity Supply:

☐ Fixed Rate: $[________] per kWh for the term of this Agreement

☐ Variable Rate: Based on wholesale market prices plus $[________] per kWh

☐ Indexed Rate: [________________________________]

☐ Time-of-Use Rate:

Time Period	Rate ($/kWh)
On-Peak ([____] to [____])	$[________]
Off-Peak ([____] to [____])	$[________]
Super-Peak ([____] to [____])	$[________]

☐ Tiered Rate:

Usage Tier	Rate ($/kWh)
First [________] kWh	$[________]
Next [________] kWh	$[________]
Over [________] kWh	$[________]

For Natural Gas Supply:

☐ Fixed Rate: $[________] per therm/ccf/MMBtu

☐ Variable Rate: Based on wholesale market prices plus $[________] per therm/ccf/MMBtu

☐ Indexed Rate: [________________________________]

4.2 Monthly Service Charges

Charge	Amount
Base Service Charge	$[________] per month
Meter Reading Fee	$[________] per month
Account Maintenance Fee	$[________] per month
Renewable Energy Premium	$[________] per month
Other: [____________]	$[________] per month

4.3 One-Time Charges

Charge	Amount
Enrollment Fee	$[________]
Deposit	$[________]
Installation Fee	$[________]
Equipment Fee	$[________]
Other: [____________]	$[________]

4.4 Rate Changes

☐ Rates are fixed for the entire term

☐ Provider may change rates with [________] days advance notice

☐ Rate changes require Customer consent

☐ Rates may change: ☐ Annually ☐ Quarterly ☐ Monthly

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ARTICLE 5: BILLING AND PAYMENT

5.1 Billing Cycle

Customer will be billed:

☐ Monthly

☐ Bi-monthly

☐ Quarterly

☐ Other: [________________________________]

5.2 Billing Method

☐ Paper bill mailed to Customer

☐ Electronic bill emailed to Customer

☐ Online account access

☐ Consolidated billing through local utility

☐ Dual billing (separate from utility bill)

5.3 Payment Due Date

Payment is due within [________] days of bill date.

5.4 Payment Methods

☐ Check

☐ Credit card

☐ Debit card

☐ ACH/Bank transfer

☐ Automatic payment

☐ Online payment

☐ Other: [________________________________]

5.5 Late Payment

☐ Late fee of $[________] for payments received after due date

☐ Late fee of [________]% of outstanding balance

☐ Interest at [________]% per month on unpaid balances

5.6 Returned Payments

Fee for returned checks/failed payments: $[________]

5.7 Disputed Bills

Customer must notify Provider of billing disputes within [________] days of bill date. Undisputed portions remain due.

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ARTICLE 6: UTILITY RELATIONSHIP

6.1 Local Utility

Local distribution utility: [________________________________]

6.2 Services Provided by Local Utility

The local utility will continue to provide:

☐ Transmission and distribution of electricity/gas

☐ Meter reading and maintenance

☐ Emergency response

☐ Outage restoration

☐ Customer service for delivery issues

6.3 Utility Charges

In addition to Provider's charges, Customer will pay the local utility for:

☐ Delivery charges (transmission and distribution)

☐ System benefits charges

☐ Transition charges

☐ Other regulatory charges

6.4 Enrollment with Utility

☐ Provider will coordinate Customer enrollment with the local utility

☐ Customer is responsible for enrollment with local utility

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ARTICLE 7: CUSTOMER OBLIGATIONS

7.1 Customer Responsibilities

Customer agrees to:

☐ Maintain an active account with the local utility

☐ Provide accurate account and usage information

☐ Pay all charges when due

☐ Notify Provider of any changes to service locations or contact information

☐ Allow access to premises for installation and maintenance (if applicable)

☐ Comply with all applicable laws and regulations

7.2 Credit Requirements

☐ No credit check required

☐ Customer authorizes Provider to conduct a credit check

☐ Deposit required based on credit evaluation

7.3 Energy Usage Information

Customer authorizes Provider to:

☐ Obtain usage data from the local utility

☐ Access interval meter data

☐ Share data with third parties for [________________________________]

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ARTICLE 8: PROVIDER OBLIGATIONS

8.1 Provider Responsibilities

Provider agrees to:

☐ Supply energy as specified in this Agreement

☐ Provide accurate and timely bills

☐ Respond to Customer inquiries within [________] business days

☐ Comply with all applicable laws and regulations

☐ Maintain required licenses and registrations

☐ Protect Customer information

8.2 Service Guarantees

☐ No service guarantees provided

☐ Provider guarantees: [________________________________]

8.3 Price Guarantees

☐ Fixed price guaranteed for the term

☐ Price guaranteed not to exceed $[________] per kWh/therm

☐ Savings guaranteed compared to utility rate

☐ No price guarantee

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ARTICLE 9: RENEWABLE ENERGY CONTENT

9.1 Renewable Energy Percentage

Energy supplied under this Agreement includes:

☐ 0% renewable (standard grid mix)

☐ [________]% renewable energy

☐ 100% renewable energy

☐ Customer choice: [________]%

9.2 Renewable Energy Sources

Renewable energy is sourced from:

☐ Solar

☐ Wind

☐ Hydroelectric

☐ Biomass

☐ Geothermal

☐ Mix of sources

9.3 Certification

☐ Renewable Energy Certificates (RECs) included

☐ Green-e certified

☐ Other certification: [________________________________]

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ARTICLE 10: EQUIPMENT AND INSTALLATION (IF APPLICABLE)

10.1 Equipment Provided

☐ No equipment provided

☐ Equipment provided as follows:

Equipment	Quantity	Ownership
[________________________________]	[____]	☐ Provider ☐ Customer
[________________________________]	[____]	☐ Provider ☐ Customer

10.2 Installation

☐ No installation required

☐ Provider will install equipment at:

☐ No charge

☐ Cost of $[________]

☐ Monthly fee of $[________]

10.3 Equipment Maintenance

☐ Customer responsible for maintenance

☐ Provider responsible for maintenance

☐ Maintenance included in monthly fee

10.4 Equipment Return

Upon termination, equipment owned by Provider must be returned within [________] days or Customer will be charged $[________].

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ARTICLE 11: TERMINATION

11.1 Termination by Customer

Customer may terminate this Agreement:

☐ At any time with [________] days written notice

☐ At end of term with [________] days notice

☐ Subject to early termination fee (see Section 3.3)

11.2 Termination by Provider

Provider may terminate this Agreement:

☐ For non-payment after [________] days notice

☐ For breach of Agreement after [________] days notice and opportunity to cure

☐ If Customer's utility service is disconnected

☐ Upon [________] days notice for any reason

11.3 Effect of Termination

Upon termination:

☐ Customer will be returned to local utility service

☐ Customer is responsible for all charges through termination date

☐ Any deposit will be refunded (less amounts owed)

☐ Equipment must be returned (if applicable)

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ARTICLE 12: LIMITATION OF LIABILITY

12.1 Service Interruptions

Provider is NOT responsible for service interruptions caused by:

☐ The local utility

☐ Transmission or distribution problems

☐ Weather events

☐ Equipment failure at Customer's premises

☐ Force majeure events

12.2 Limitation of Damages

PROVIDER'S LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER UNDER THIS AGREEMENT IN THE [________] MONTHS PRECEDING THE CLAIM.

12.3 Exclusion of Damages

PROVIDER SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES.

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ARTICLE 13: DISPUTE RESOLUTION

13.1 Informal Resolution

The parties shall attempt to resolve disputes through good faith negotiation.

13.2 Regulatory Complaints

Customer may file complaints with:

☐ [State] Public Utility Commission: [________________________________]

☐ [State] Attorney General: [________________________________]

☐ Other: [________________________________]

13.3 Formal Dispute Resolution

☐ Arbitration: Disputes shall be resolved by binding arbitration under [________________________________]

☐ Mediation: Disputes shall be submitted to mediation before litigation

☐ Litigation: Disputes shall be resolved in the courts of [________________________________]

13.4 Governing Law

This Agreement shall be governed by the laws of [________________________________].

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ARTICLE 14: PRIVACY AND DATA

14.1 Customer Information

Provider will collect and use Customer information for:

☐ Providing services under this Agreement

☐ Billing and payment processing

☐ Customer service

☐ Marketing (with Customer consent)

14.2 Data Sharing

Provider may share Customer information with:

☐ Local utility (as required for service)

☐ Third-party billing services

☐ Regulatory authorities (as required)

☐ Other: [________________________________]

14.3 Privacy Policy

Provider's complete privacy policy is available at: [________________________________]

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ARTICLE 15: REGULATORY COMPLIANCE

15.1 Provider Licenses

Provider is licensed/registered with:

☐ [State] Public Utility Commission

☐ [State] Energy Office

☐ Other: [________________________________]

15.2 Consumer Protections

This Agreement is subject to:

☐ [State] Utility Consumer Bill of Rights

☐ [State] Electric/Gas Choice Consumer Protection Rules

☐ Federal Trade Commission rules

15.3 Right to Rescind

Customer has the right to rescind this Agreement within [________] days of signing without penalty.

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ARTICLE 16: MISCELLANEOUS

16.1 Notices

All notices shall be in writing and sent to addresses above.

16.2 Entire Agreement

This Agreement constitutes the entire agreement between the parties.

16.3 Amendments

Amendments must be in writing. Provider may amend terms with [________] days notice to Customer.

16.4 Assignment

☐ Provider may assign this Agreement without Customer consent

☐ Customer may not assign without Provider consent

16.5 Severability

Invalid provisions shall not affect remaining provisions.

16.6 Waiver

Waiver must be in writing.

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ARTICLE 17: ACKNOWLEDGMENTS

Customer acknowledges that:

☐ Customer has read and understood this Agreement

☐ Customer has received and reviewed the Provider's Terms of Service

☐ Customer has received pricing information and understands the rate structure

☐ Customer understands the local utility will continue to provide delivery services

☐ Customer has been informed of the right to rescind

☐ Customer authorizes Provider to act as Customer's agent for enrolling with the local utility

☐ Customer authorizes the local utility to release usage data to Provider

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SIGNATURES

CUSTOMER:

Signature: [________________________________]

Printed Name: [________________________________]

Title (if business): [________________________________]

Date: [__/__/____]

PROVIDER:

Signature: [________________________________]

Printed Name: [________________________________]

Title: [________________________________]

Date: [__/__/____]

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RESCISSION NOTICE

CUSTOMER'S RIGHT TO CANCEL

You may cancel this Agreement within [________] business days of signing by providing written notice to:

[Provider Name]

[Address]

[City, State ZIP]

[Phone]

[Email]

If you cancel within this period, you will receive a full refund of any payments made.

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EXHIBITS

☐ Exhibit A: Additional Service Locations

☐ Exhibit B: Rate Schedule

☐ Exhibit C: Equipment List

☐ Exhibit D: Terms of Service

☐ Exhibit E: Privacy Policy

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This Energy Service Agreement template is provided for informational purposes only. Energy service regulations vary significantly by state and service type. Consult with qualified legal counsel before execution.