Last updated: July 2, 2019
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
REPRESENTATION AND PRICE
NOVEC Energy Solutions, Inc., hereafter referred to as “NES,” agrees to act as your sole and exclusive natural gas supplier. You, hereafter referred to as “the customer,” authorize NES to: 1) obtain your historical usage data; 2) make nominations; 3) obtain your usage data throughout the term of this contract; 4) obtain customer utility credit and payment history; and 5) perform other duties necessary to meet your gas supply requirements. All gas supplied by NES shall met the quality and heat content requirements of your current Utility.
During the initial term of this contract, NES will supply gas at:
- The “fixed” rate includes: 1) the cost of natural gas commodity; 2) transmission and storage costs; and 3) billing costs imposed by the utility. The customer is also responsible for gross receipts taxes, sales taxes and any other taxes imposed by governmental agencies. The commodity portion of the “fixed” rate will remain unchanged for 12, 24 or 36 months (based on your selection at enrollment), unless otherwise changed by mutual agreement of both parties to this Agreement. At the end of the 12, 24 or 36 month period NES reserves the right to change the price at any time during the following 12, 24 or 36 month period based on market conditions. However, the non commodity costs embedded in the “fixed” rate charged by NES (including, utility billing and balancing charges and applicable taxes) are subject to change without notification to the customer, whenever the Utility or taxing authorities change the rates charged to NES.
- Customer may compare NES offered rate to the Utility’s Gas Cost Adjustment rate
- available on the Utilities website.
- The “variable” rate includes: 1) the cost of natural gas commodity; 2) transmission and storage costs; and 3) billing costs imposed by the utility. The customer is also responsible for gross receipts taxes, sales taxes and any other taxes imposed by governmental agencies. The commodity portion of the “variable” rate will adjust month to month for 12, 24 or 36 months (based on your selection at enrollment) and there is no limit on the price that is based on the NYMEX. At the end of the 12, 24 or 36 month period NES reserves the right to change the price at any time during the following 12, 24 or 36 month period based on market conditions.
- The “winter fixed” rate includes: 1) the cost of natural gas commodity; 2) transmission and storage costs; and 3) billing costs imposed by the utility. The customer is also responsible for gross receipts taxes, sales taxes and any other taxes imposed by governmental agencies. The commodity portion of the “variable” rate will adjust month to month for 7 months (April – October) and there is no limit on the price that is based on the NYMEX. At the end of the variable rate period NES will lock in the price for 5 months (November – March) with a fixed rate.
From time-to-time, the parties to this Agreement may mutually agree to alternate pricing. Such subsequent Agreement(s) will supersede the terms of this Agreement.
NES makes no warrants or guarantees regarding the competitiveness of the commodity rates it charges under this Agreement beyond the provisions expressly described under the caption “Pricing” herein.
TERM OF AGREEMENT
The initial term of this Agreement is 12, 24 or 36 months (based on your selection at enrollment) starting upon the receipt and processing of your contract by the Utility. This 12, 24 or 36-month Agreement will automatically renew for each succeeding 12, 24 or 36-month period. NES will notify the customer at least 60 days prior to the renewal date. Upon receiving this renewal notice, the customer may cancel the contract at no cost to the customer, if the customer provides NES with written notification of his/her intent to terminate the contract no later than 15 calendar days before the beginning of the new contract cycle. Renewal pricing will be based upon market conditions that exist at the time of renewal.
NES’ RIGHT TO TERMINATE OR ASSIGN CONTRACT
NES reserves the right to terminate this contract at any time and return the customer to the local gas distribution company. NES also reserves the exclusive and sole right to assign this natural gas Agreement to any and all certified natural gas marketer(s) so desired by NES. This contract will terminate if NES’ license expires, or is suspended or revoked. The contract is subject to termination by either party upon 45 days written notice to the other party.
In the event that NES’ services are terminated for any reason other than the customer’s decision to terminate the contract, NES shall notify of such termination to the customer at least 30 days prior to the date that service to the customer is scheduled to terminate.
FOR CUSTOMER SERVICE
If you have any questions you may contact us at: NOVEC Energy Solutions, Inc., 10323 Lomond Drive, Manassas, VA 20108
Toll Free Phone: 1-888-627-SAVE (7283) FAX# 703-392-1546
For the term of this Agreement, the customer appoints NES as the customer’s agent to arrange for the purchase, transportation, storage and delivery of natural gas, pursuant to the terms and provisions of this Agreement. The customer shall contract with Utility for the delivery of natural gas from the delivery point to customer’s home. NES’ obligation under this Agreement is subject to the terms and provisions of the contract between the customer and Utility and applicable tariffs.
The natural gas will be supplied to the customer via Utility’s local distribution system. All terms and conditions of the applicable transportation schedule or tariff of Utility, the contract between NES and Utility, and the contract between the customer and Utility shall apply and may supersede portions of this Agreement. Customers enrolled in Utility’s budget bill plan will continue to receive budget bills, following account reconciliation for Utility charges only.
Utility will provide the customer with one bill each month for all natural gas purchases, associated transportation charges fees, taxes and adjustments. For billing purposes, the volume of gas delivered pursuant to this Agreement by NES shall be the volume of gas metered by Utility, which operates the natural gas local distribution system.
The customer agrees to remit the amount due in the manner stipulated in the applicable Utility documents
The customer is obligated to make payment for natural gas delivered under this Agreement. Except for this fundamental obligation, either NES or the customer may be excused from other provisions of this contract during the period of time in which a force majeure event is preventing or hindering full compliance with this contract. Force majeure events include, but are not limited to: 1) acts of God, war, fire, flood and epidemics; 2) war or other governmental action; 3) significant regulatory constraints, including orders issued by the Kentucky Public Service Commission 3) civil unrest or insurrections; 4) labor disputes; or 5) shortage of transportation or supplies, or freezing of wells or portions of pipelines. Such performance under this Agreement shall resume and continue upon abatement or removal of such cause. Notice and full particulars of such force majeure should be given to the other party as soon as reasonably possible, such notice is to be confirmed in writing.
TITLE, WARRANTY, AND INDEMNITY
NES warrants that it has the right to convey and transfer good and merchantable title to all gas sold hereunder and delivered to the customer free and clear of all liens, encumbrances, and claims.
The customer hereby agrees to indemnify and hold NES safe and harmless from any and all claims, demands, suits or liability, whether for personal injury, death, property damage, loss of profits and/or other damage or injury arising out of or in any way connected with the use or storage of natural gas products, of the installation, maintenance, or use of equipment or appliance in connection therewith, except to the extent that such injury or damage shall have been caused by negligence of NES. NES shall not be liable for any damage, injury, consequential damage or loss arising out of or in connection with this Agreement, whether or not occasioned by or resulting from stoppage or interruption of natural gas supply.
Notice: Upon request NES shall provide a copy of NES’ dispute resolution procedure.
By signing below, you acknowledge that you are the owner of the account as registered with the Utility. You understand and agree that this Agreement and operations under it are subject to applicable laws, rules and regulations of any governmental entity having jurisdiction as they exist now or as they are modified in the future. This Agreement shall be construed in accordance with the laws of the State of Virginia.
If any provision of this contract is determined to be invalid, void or unenforceable by any court having jurisdiction, such determination shall not invalidate, void or make unenforceable any other provision, agreement or covenant of this contract.
CUSTOMER’S RIGHT TO CANCEL
This Agreement shall be terminated without penalty to the customer if gas delivery service is terminated with the Utility.
Customer may terminate this contract at any other time with 15 calendar days written notice prior to the first day of the calendar month in which the termination is to be effective. A cancellation fee must accompany this written notice. The customer agrees to pay a cancellation fee of $150 to cancel the contract at any time before the end of the contract term. Such termination fee should be made in the form of a check, cashiers’ check or money order. Should the customer elect to pay the termination fee with a personal check, the customer will be returned to the utility on the next customer cancellation date set by Utility after the customer’s check has cleared the bank
The customer may rescind this contract no later than 7 days after being notified by Utility of their enrollment with NES.
If contract is cancelled, NES will be provide customer with a confirmation number.
Dispute Resolution Process
For all disputes regarding your natural gas commodity or contract terms with your supplier (NOVEC Energy Solutions), please call NOVEC Energy Solutions at 1-888-627-7283 or www.novecenergysolutions.com.
For all disputes regarding, but not limited to, your budget billing, billing, delivery of natural gas, gas leaks/emergencies and meter reading information, please call your Utility:
Columbia Gas of Kentucky: Emergencies 800-432-9515; Customer Service 800-432-9345; www.columbiagasky.com. Kentucky Public Utility Commission can be reached at 1-800-772-4636 or 502-564-3940 or http://psc.ky.gov.
Washington Gas Light: Emergencies 800-752-7520; Customer Service 703-750-1000; www.washingtongas.com. Public Service Commission of the District of Columbia; 202-626-5100; www.dcpsc.org, MD and VA (see above or click state)