PA.CS.E_2.1.2023

1. Right of Rescission
Customer may rescind this Agreement within three (3) business days after receiving this Agreement by contacting Clearview Energy by phone or in writing. This Agreement is not legally binding until the rescission period has expired and you have not, directly or indirectly, rescinded your selection. The Customer is liable for all Clearview Energy charges until the Customer returns to the EDC or another supplier.

2. Price of Electricity
The price in cents per kilowatt-hour includes: electric generation supply, transmission, capacity charges in PJM, and renewable energy credits; any applicable taxes, (excluding state sales tax and county tax). The price of electricity may include a Monthly Base Charge as outlined in the Plan Information Box. Clearview Energy’s supply charges do not include any EDC charges applied to the Customer.

2a. Fixed Kilowatt-Hour Rate Product – If Clearview Energy would like to propose a change to a fixed kilowatt-hour rate product, you will be notified by the process described in Change of Terms. Fixed price products may change due to new or modified federal, state or local laws; or regulatory actions that impose new or modified fees.
2b. Month-to-month Variable Kilowatt-Hour Rate Product –Month-to-month variable kilowatt-hour rate products are subject to change without notice at Clearview Energy’s discretion outside of any applicable promotion. If applicable, the Monthly Base Charge may also fluctuate outside of any applicable promotion. After the first month, the price may vary based on a number of factors, including market supply prices, energy capacity prices, settlement costs and other market related factors, as determined at our discretion, plus estimated total state taxes, fees, charges or other assessments, along with our costs, expenses and profit margins. There is no limit on how much the price may change from one billing cycle to the next. The price can change each billing period. The Customer will not know the price until receiving the bill. A customer may obtain the previous 24 months’ average monthly billed price for the customer’s rate class and service territory at 1.800.746.4702 and www.clearviewenergy.com. Historical pricing is not indicative of present or future pricing.
All pricing can be viewed at www.ClearviewEnergy.com.

3. Billing and Payment
You will receive a single bill from your EDC that includes Clearview Energy’s electric supply charges as well as the EDC’s delivery charges. By the acceptance of this Agreement, you herby authorize the EDC to provide billing and payment information to Clearview Energy.

The Customer will pay each invoice in full within twenty (20) days of the invoice date or in the timeframe established by the EDC. Customer payments remitted in response to a consolidated bill shall be pro-rated in accordance with procedures adopted by the PUC. If the Customer fails to remit payment when due, Clearview Energy reserves the right to terminate supply services. Failure to remit payment is considered a breach of this Agreement and the Customer may be liable to Clearview Energy for any applicable early termination fee.

For any payment sent directly to Clearview Energy, which is returned by your financial institution for any reason, Clearview Energy will charge $20.00 for each payment transaction that is returned unpaid or not processed including: (1) returned checks, (2) returned electronic fund transfers, and (3) any other form of dishonored payment. This charge will be reflected as NSF Fee on your next bill, if applicable.

4. Energy Products
4a. Renewable Energy Product – Supports 100% green energy producers in the United States through the purchase of Renewable Energy Certificates equivalent to the power you consume.

4b. Traditional Energy Product – Traditional energy products sourced by a combination of coal, natural gas, nuclear, hydropower and/or other renewable energy sources. The renewable sources may include wind, solar, geothermal and/or biomass.

5. Terms of Renewal
5a. Fixed Kilowatt-Hour Rate Product – The Agreement Term and Effective date can be found in the Plan Information Chart.  Upon expiration of your fixed term, your service will automatically continue under Clearview Energy’s variable month-to-month renewal product, with a base fee starting at $9.99, for which rates may change at Clearview Energy’s discretion outside of any applicable promotion. If Clearview Energy wants to change the contract, you will receive two (2) separate notices before the changes happen. You will receive the first notice forty-five (45) to sixty (60) days before the change, and the second notice thirty (30)days before the change. These notices will explain your options.

5b. Month-to-month Variable Kilowatt-Hour Rate Product – The Agreement Term and Effective date can be found in the Plan Information Chart. This Agreement shall commence for a one (1) month term (“Initial Term”) and thereafter rates, with a base fee starting at $9.99, may change at Clearview Energy’s discretion outside of any applicable promotion. The rate will be reflected on the Customer’s subsequent billing statement. Agreement shall automatically renew for successive one (1) month periods (“Renewal Term”). If Clearview Energy wants to change the contract, you will receive two separate notices before the change happens. You will receive the first notice 45 to 60 days before the change, and the second notice 30 days before the change. These notices will explain your options.

6. Cancellation Provisions
6a. Fixed Kilowatt-Hour Rate Product – If you terminate this Agreement prior to receiving the Options Notice, you will be charged an Early Termination Fee as outlined in the Product Information Chart. Your service will remain in effect until such time as the EDC completes the termination in accordance with its rules. However, you may terminate this Agreement without penalty as a result of relocation, disability that renders the customer of record unable to pay for Clearview Energy’s service, or the customer of record’s death.

6b. Month-to-month Variable Kilowatt-Hour Rate Product – This Agreement will remain in effect at Clearview Energy’s discretion or until you notify Clearview Energy of your desire to choose a fixed plan, or another provider. Customer may cancel this Agreement at any time by providing thirty (30) days’ notice to Clearview Energy at 1.800.746.4702. There is no penalty for cancellation of variable month-to-month products.

Upon termination of this Agreement, a final bill will be rendered within twenty (20) days after the final scheduled meter reading or, if access is unavailable, an estimate of consumption will be used in the final bill which will be trued-up subsequent to the final meter reading. Clearview Energy does not physically cut off electric service, only your EDC may do that. If Clearview Energy cancels this Agreement for any reason other than nonpayment you will be mailed two (2) notices forty-five (45) to sixty (60) days and thirty (30) days prior to your service being returned to the EDC’s supply service.

7. Change in Terms
If you have a fixed duration contract that will be ending, or whenever Clearview Energy wants to change the contract, you will receive two separate notices before the contract ends or the changes happen. You will receive the first notice forty-five (45) to sixty (60) days before, and the second notice thirty (30) days before the expiration date or the date the change becomes effective. These notices will explain your options.

8. Dispute Resolution Process
If you have any questions or disputes regarding Clearview Energy’s service, please contact Clearview Energy’s customer service department at 1.800.746.4702. If you are not satisfied with the resolution after speaking with a Clearview Energy representative, then you may contact the PUC. For your convenience, the PUC’s contact information has been provided at the end of this Agreement. No terms contained herein waive any rights you may have under Pennsylvania or Federal Consumer Protection laws.

9. Remedies
Any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred, notwithstanding any state statute of limitation to the contrary. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. If a dispute arises out of or relates to this contract, or the alleged breach thereof, and if the dispute is not settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation within thirty (30) days, then the parties shall submit to binding arbitration. The process shall be confidential based on terms acceptable to the mediator and/or arbitrator.

10. Assignments
Customer may not assign its interests or delegate its obligations under this Agreement without the express written consent of Clearview Energy. Clearview Energy may sell, transfer, pledge, or assign the accounts receivable, revenues or proceeds hereof, in connection with any financing agreement, purchase of accounts receivables program or billing services agreement, and may assign this Agreement and the rights and obligations there under, to another energy supplier, or other entity as authorized by the PUC.

11. Severability
If any provision of this Agreement is held by a court or regulatory agency of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force without being invalidated in any way.

12. Force Majeure
The term “Force Majeure” shall mean any cause not reasonably within the control of the party claiming suspension and which by the exercise of due diligence, such party is unable to prevent or overcome, including but not limited to, an act of God, natural disaster, an act of war, and any act or cause which is deemed a Force Majeure by the EDC or any transportation  or transmitting entity. If either party is unable, wholly or in part, by Force Majeure to perform or comply with any obligations or conditions of this Agreement, such party will give immediate written notice, to the maximum extent practical, to the other party and not be held liable.

13. Limitations of Liability
Liabilities not excused by Force Majeure or otherwise shall be limited to direct actual damages. Neither party will be liable to the other for consequential, incidental, punitive, special, exemplary, or indirect damages. Lost profits or penalties of any nature are hereby waived; these limitations apply without regard to the cause of any liability or damage, including the negligence of Clearview Energy. There are no third-party beneficiaries to this Agreement.

14. Customer Information and Release Authorization
Throughout this Agreement, you authorize Clearview Energy or its agents to obtain and review information from credit reporting agencies regarding your credit history and information from the EDC relating to you and your account that includes, but is not limited to: account name and number; address; telephone number; billing history; payment history; rate classification; historical and future electricity usage; meter readings; and characteristics of electricity service for the purposes of enrollment and offering new products and services. Clearview Energy will not provide or sell such information to any other party without your consent unless required to do so by law, or it is necessary to enforce the terms of this Agreement. Clearview Energy reserves the right to reject your enrollment, or terminate this Agreement, in the event you rescind these authorizations. Clearview will maintain the confidentiality of a customer’s personal information including the name, address, telephone number, electric usage and historic payment information, as required by applicable Commission regulations and Federal and State laws.

15. Information About Shopping
Information about shopping for an electric supplier is available at www.PaPowerSwitch.com or other successor media platform as determined by the Commission, by calling the Commission at (800) 692-7380 and the Office of Consumer Advocate at (800) 684-6560 or at www.oca.state.pa.us.

16. Commission Contact Information
Pennsylvania Public Utility Commission
P.O. Box 3265
Harrisburg, PA 17105-3265
1.800.692.7380
www.puc.state.pa.

17. Contact Information
Clearview Electric, Inc. dba Clearview Energy
P.O. Box 130659
Dallas, TX 75313-0659
1.800.746.4702
Representatives available Monday – Friday 9:30 a.m. – 6:30 p.m. EST
www.ClearviewEnergy.com

18. Definitions
Generation Charge:
The charge for producing electricity. Generation service is competitively priced and is not regulated by the Public Utility Commission. If you purchase electricity from an electric supplier, your generation charge will depend on the contract between you and your supplier.

Transmission Charge
The cost for transporting electricity from the generation source to your electric distribution company. For most electric customers who select a new supplier, transmission costs will be included in the charges from your new supplier. The Federal Energy Regulatory Commission regulates retail transmission prices and services. This charge will vary with your source of supply.