Terms and Conditions
Maryland Contract Summary
Electricity Supplier Information | Name: Inspire Energy Holdings, LLC License Number: IR-3259 Address: 923 Haddonfield Road, Suite 300; Cherry Hill, NJ 08002 Website: www.inspirecleanenergy.com Phone: 866-403-2620 (toll-free) Monday - Friday, 9a.m. – 6p.m. ET Email: help@inspirecleanenergy.com
Inspire is responsible for your electricity supply. |
Price Structure |
Subscription. A fixed electricity supply price for all your electricity usage. The subscription price does not vary with changes in usage.
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Supply Price |
$84.99 / month for 1 months (“Subscription Trial Period”). During the Subscription Trial Period, Inspire will review your electricity usage patterns and provide a different fixed flat monthly subscription electricity supply price based on your usage that will take effect after the Subscription Trial Period. The new subscription price will be communicated to you at least fifteen (15) days prior to the expiration of the Subscription Trial Period and the subscription price will not vary based on your electricity usage or change during the Subscription Term.
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Statement Regarding Savings | The supply price may not always provide savings |
Incentives | Inspire will ensure that 100% of your electricity usage is matched with renewable energy credits from renewable generating facilities located in the United States. See enclosed Promotion and Rewards Terms and Conditions for complete details regarding incentives under the Contract. |
Contract Start Date | The Contract will begin on the date set by your local utility company (“EDC”), which is typically within three business days. |
Contract Term / Length |
12 months total (“Initial Term”), comprised of a 1 month Subscription Trial Period followed by a 11 month Subscription Term.
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Cancellation / Early Termination Fees | None. |
Renewal Terms | Upon completion of the Initial Term, the Contract will automatically renew for a new term (the “Renewal Term”) and subsequent Renewal Terms, unless otherwise agreed to or cancelled by either you or Inspire. At least 45 days prior to the end of your Initial Term, Inspire will notify you in writing of the renewal terms and your renewal options. See section 9 of the Contract for additional information. |
For additional information, please refer to your Contract. Please retain this document for your records. If you have any questions regarding the Contract, contact your competitive supplier using the information above.
Inspire Energy Holdings, LLC Electricity Sales Contract
1. Background; Contract to Sell and Purchase Energy.This Electricity Sales Contract, including the enclosed Promotion and Rewards Terms and Conditions, constitutes the contract (the “Contract”) for electric supply service between Inspire Energy Holdings, LLC (“Inspire” and “we”) and you (“Customer” or “you”). The purpose of this Contract is to authorize a change in your electric supplier to Inspire. Inspire is a retail electricity supplier licensed by the Maryland Public Service Commission (“Commission” or “PSC”) to offer and supply electric generation services in Maryland. There are no minimum use requirements for Inspire to provide electricity supply generation services under this Contract. The PSC does not regulate Inspire’s generation prices and charges but does regulate your Electric Distribution Company’s (“EDC”) distribution rates and services. You will receive a single bill from your EDC that will contain your EDC charges and Inspire charges. The EDC will continue to deliver the electricity supplied by Inspire. Your EDC is your provider of last resort (standard offer service). In the case of a conflict between the documents that form the Contract, these terms control unless these terms have been amended, in which case the most recent such amendment controls.
By entering into this Contract, you represent that you are the authorized customer of record for the electricity supply account subject to this Contract. This Contract shall not become effective until accepted by Inspire.
THE TERMS BELOW ARE VERY IMPORTANT BECAUSE THEY OUTLINE YOUR LEGAL RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION IN SECTION 19 THAT AFFECTS YOUR RIGHTS. THE ARBITRATION PROVISION REQUIRES THAT DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATIONS OR SMALL CLAIMS COURT PROCEEDINGS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
2. Your Right to Rescind.You may rescind this Contract at any time within three (3) business days after the start of the rescission period. The rescission period begins on one of the following dates, as applicable:
(1) when you sign the Contract with Inspire;
(2) when you submit your electronic enrollment to Inspire online; or
(3) if you receive the Contract by mail, the postmarked date of the mailing.
You may rescind this Contract by calling Inspire toll-free at 866-403-2620, emailing us at help@inspirecleanenergy.com, chatting with us at www.inspirecleanenergy.com, or in writing at 923 Haddonfield Road, Suite 300; Cherry Hill, NJ 08002
3. Pricing – Monthly Subscription Plan.
Subscription Trial Period Price. The price for all electricity sold under this Contract shall be as set forth in the Contract Summary. Your Subscription Trial Period Price of $84.99 / month for 1 months is a flat, fixed monthly electric supply price that will not change during the Subscription Trial Period regardless of your actual electricity usage.
Subscription Term Price.
After the Subscription Trial Period ends and beginning on the first billing cycle following the expiration of the 1 month Subscription Trial Period, your price will automatically change to a new flat, fixed monthly electric supply price that will not change during the 11 month Subscription Term regardless of your actual electricity usage. At least fifteen (15) days prior to the expiration of the Subscription Trial Period, Inspire will contact you in writing via email or by mail (at the service address), notifying you of the subscription price change and your ability to cancel your service with Inspire without penalty prior to the new subscription price becoming effective. If you do not take action to switch to another supplier or switch back to your EDC after receiving the notice from Inspire, this Contract will automatically continue under the new pricing terms specified in the notice for the 11 month Subscription Term until cancelled by you or Inspire.
Inspire’s pricing under the Subscription Trial Period and the Subscription Term does not include EDC charges, including, but not limited to, EDC delivery and distribution charges, which are separate amounts that you must pay your EDC. Inspire’s price may be higher than your EDC's electric supply price. Inspire does not guarantee that we will provide any savings for electricity as compared to what the EDC or your current electric supplier would charge. To learn more about your customized pricing, you may call us toll-free at 866-403-2620. If you call Inspire within twelve (12) days of the end of your current billing cycle, we can provide you with price information for the following billing cycle.
4. Term; Duration of Agreement.You will buy your electricity supply for the service address specified in the Contract Summary above from Inspire beginning on the date set by your EDC and service will continue until you or Inspire cancel this Contract. The Initial Term of this Agreement is 12 months. If you do not enter into a new Agreement with Inspire, or you do not take action to switch to another supplier or switch back to standard offer service with your EDC when the Initial Term ends, your service with Inspire will automatically continue for a Renewal Term, without your affirmative consent, at the price set forth in your Renewal Notice. See Section 9 (Renewal Provision) for more details. Inspire will provide electricity to supply your full load (total electricity usage) as long as you remain enrolled with Inspire, from the date that your EDC processes your enrollment until the date that your EDC switches your electricity supply service back to EDC standard offer service or to another supplier. There are no time-of-use restrictions.
5. Cancellation Provisions. You may cancel this Contract at any time during the Initial Term or any Renewal Term by contacting Inspire by phone, email, web, or in writing using the contact information below. Advance notice is not required for you to cancel this Contract. There is no cancellation fee if you cancel your Contract prior to the end of the Initial Term or any Renewal Term. If your EDC terminates your service, this Contract will be automatically cancelled.
Inspire reserves the right to cancel this Contract: (a) due to your failure to make timely payment of Inspire charges; (b) due to a Regulatory Change (as defined in Section 23) that materially impairs Inspire’s ability to fulfill its obligations under this Contract; or (c) at any time for any other reason, by providing a minimum of thirty (30) calendar days’ written notice to you.
Remedies:
Upon cancellation of the Contract by you or us, you will return to EDC standard offer service for electricity supply unless you enroll with another electric supplier. You will be responsible for all Inspire charges incurred hereunder until your account is transferred to EDC standard offer service or to another electric supplier.
Cancellation is effective on the date that your EDC processes the switch of your account from Inspire, usually within three (3) business days. You will be responsible for unpaid balances as of the cancellation date, until your account is paid in full.
When enrolling with Inspire, you are responsible for canceling any existing agreements with other electric suppliers from whom you are purchasing electric supply service and paying any cancellation fees (if applicable).
6. Renewable Energy Product and Environmental Disclosure.
Inspire complies with Maryland’s Renewable Portfolio Standard (“RPS”) applicable to all retail electricity suppliers. Inspire may retire Tier 1 or Tier 2 renewable energy credits to meet its RPS obligations. The RPS for 2022 is 30.1% from Tier 1 sources, including at least 5.5% from solar energy and a PSC-directed amount of offshore wind energy, and 2.5% from Tier 2 sources. The RPS for 2023 is 31.9% from Tier 1 sources, including at least 6% from solar energy, a PSC-directed amount of offshore wind energy and 0.05% from qualifying geothermal systems, plus 2.5% from Tier 2 sources. The RPS for 2024 is 33.7% from Tier 1 sources, including at least 6.5% from solar energy and a PSC-directed amount of offshore wind energy and 0.15% from qualifying geothermal systems, plus 2.5% from Tier 2 sources. Alternatively, Inspire may meet its RPS obligation by paying a compliance fee to the Maryland Renewable Energy Fund. The compliance fees for each kWH shortfall are: 3 cents for Tier 1 non-solar (2022 through 2023); 6 cents for Tier 1 solar (2022 through 2024); 1.5 cents for Tier 2; and 10 cents for geothermal (2023 through 2025). During the term of this Contract, Inspire will ensure that 100% of your electricity usage is matched with renewable energy credits (“RECs”). Each REC represents proof that electricity was generated from an eligible renewable energy resource such as wind, solar, hydro, or qualified biomass. To comply with the Maryland RPS, Inspire will purchase and retire eligible RECs in accordance with Maryland law. For the additional RECs necessary to match 100% of your electricity usage, Inspire will purchase RECs generated from renewable generating facilities located in the U.S. in the same calendar year as your electricity usage in order to support the development and operation of renewable energy generation. Inspire will “retire” them in a generation attribute tracking system. The electricity supply actually delivered to your home or service address will not contain electricity supply generated from any particular electric generation facility. Inspire may take up to 3 months after the end of each calendar year under which this Contract is in effect to address any deficiency that may arise in the renewable energy content of electricity sold under this Contract in the previous calendar year. The Commission requires all electric suppliers to make their environmental disclosures available to their customers. Inspire’s disclosure can be found at: https://www.inspirecleanenergy.com/environmental-disclosures/MD/biannual.
7. Penalties, Fees and Exceptions. There are no sign-up fees, customer service charges, or cancellation fees with Inspire. Failure to pay your EDC bill on a timely basis may result in late payment fees or penalties assessed by your EDC.
8. Promotion and Rewards Terms and Conditions. Complete terms and conditions related to any Inspire promotions specific to your plan, if applicable, are enclosed. If you cancel this Contract, you may forfeit some or all of the promotions specific to this Contract.
9. Renewal Provision. This is an automatic renewal Contract. This Contract will remain in effect, and Inspire will continue to supply your electricity, until cancelled by either you or Inspire. The cancellation provisions are set forth in Section 5 above. Upon completion of the Initial Term, this Contract will automatically renew for subsequent fixed terms (each a “Renewal Term”), of 12 months. You will receive a Contract Renewal Notice at least forty-five (45) days before the effective date of any Renewal Term. The Contract Renewal Notice will include: (a) the length of the Renewal Term; (b) the subscription price that will apply during the Renewal Term (c) any other changes that will be made to the terms of this Contract for the Renewal Term; (d) the procedure for contacting Inspire to cancel your Contract prior to the commencement of any Renewal Term without penalty; (e) a statement that terminating the Contract without selecting another supplier will return you to your EDC’s standard offer service; and (f) an advisement that the PSC can provide you with additional information on the energy supply choices available to you, as well as the telephone number and website for the PSC.
Unless you notify Inspire to terminate this Contract prior to the effective date of any Renewal Term, the terms stated in the Contract Renewal Notice shall become effective and binding without your affirmative consent. If Inspire chooses not to renew your Contract, Inspire will provide a notice with final bill payment instructions, a statement that if you do not select a new supplier you will be returned to your EDC, and the PSC’s contact information.
10. Material Changes. If Inspire wishes to make changes to any of the material terms of this Contract, including the price or product type, at any time during the term of this Contract, we will send you a notice at least thirty (30) days prior to such change and no such change will occur unless Inspire receives your express consent. If Inspire receives your affirmative consent for such change, the terms and conditions of this Contract shall continue until cancelled by either you or Inspire. Your rights will be explained in the change notice that Inspire will send to you. Notwithstanding the forgoing, Inspire is not required to receive your affirmative consent for a non-material change or a change by operation of law, including a change in applicable taxes or other state-mandated charge that results in a change in your price.
11. Billing and Payment. You will receive one consolidated bill from your EDC each billing cycle for the electric service provided by Inspire and the delivery, distribution and other services provided by your EDC, plus all applicable taxes. You agree to remit payment for all of these services directly to your EDC in accordance with the payment terms stated in your EDC's tariffs. By entering into this Contract, you acknowledge that your EDC may provide billing and payment information to Inspire. Inspire does not offer budget billing. You may contact your EDC for information regarding budget billing programs.
In the future, Inspire may, in its sole discretion, decide to change your billing method to supplier consolidated billing (SCB). Under SCB, Inspire will send you a bill that will include Inspire’s charges under this Contract and the EDC’s charges for electricity distribution service. If Inspire decides to change your billing method to SCB, Inspire will send you all required notices advising you of the change, and you will have the right to accept the change, refuse the change and remain on utility consolidated billing if Company continues to offer it, return to your EDC’s supply service, or switch to another supplier.
12. Title and Taxes. Title to, control of, and risk of loss of the electricity sold under this Contract will pass from Inspire to Customer when it is delivered to Customer’s EDC. Each party will indemnify and hold the other party harmless from any and all claims (including claims for personal injury, death, or property damage), losses, fees, taxes, damages, suits, causes of actions and judgments of any kind arising hereunder while title and risk of loss are vested in the indemnifying party. You will be responsible for the payment of all transfer, sales or other taxes related to Inspire’s service under this Contract. If you are exempt from any such taxes, you are responsible for identifying and requesting such exemption from the collection of taxes by filing appropriate documentation with Inspire and/or your EDC, as applicable.
13. Dispute Resolution. If you have a question about your bill or service or wish to obtain pricing information, you may contact Inspire (see Section 25, Contact Information below). If you are not satisfied with the response from Inspire’s Member Support Team, you may ask that your questions be referred to an Inspire supervisor, who will respond promptly. If you remain unsatisfied with our attempts to resolve the issue, you may seek assistance from the PSC or Office of People’s Counsel regarding your consumer protection rights. If you submit a complaint to the PSC, your utility may require you to pay the undisputed portion of your bill while the dispute is pending with the PSC. Any disputes not resolved directly with Inspire or through the PSC’s dispute resolution processes will be subject to the requirement to utilize arbitration, which is set forth in Section 20 below.
14. Emergency Services. In the event of a power outage, gas leak, or other emergency, immediately contact your EDC. Your EDC remains responsible for the delivery of electricity and will continue to respond to any service calls and emergencies. Switching to Inspire will not impact your electric service reliability.
15. Limitation of Liability. Inspire’s aggregate liability arising out of or related to this Contract shall not exceed the amount of your largest monthly invoice for electric service during the twelve (12) months immediately preceding cancellation of this Contract. The Parties agree to the extent permitted by Law that the statute of limitations with respect to all claims arising out of or related to this Contract shall be reduced to the lesser of (i) two years from the event giving rise to the claim or (ii) the minimum period permitted by Law and any action not brought within such time period shall be barred without regard to any other limitations period.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT WHEN A REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY HEREIN PROVIDED, LIABILITY SHALL BE LIMITED TO ONLY THE DIRECT ACTUAL DAMAGES AND SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY. IN NO EVENT WILL INSPIRE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, WHETHER UNDER STATUTE, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, OR ANY OTHER LEGAL THEORY, AND TO ALL CAUSE OR CAUSES OF SUCH DAMAGES.
TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OTHERWISE OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THE LIQUIDATED DAMAGES CONSTITUTE A REASONABLE APPROXIMATION OF THE HARM OR LOSS. NOTHING IN THIS CONTRACT SHALL CONSTITUTE A WAIVER OF ANY RIGHTS CUSTOMER MAY HAVE UNDER DISTRICT OF COLUMBIA OR FEDERAL CONSUMER PROTECTION LAWS.
All limitations of liability contained in this Contract shall survive the termination of this Contract.
16. Binding Effects and Assignment. This Contract shall extend to and be binding upon Inspire’s respective permitted successors and permitted assigns. You may not assign this Contract, in whole or in part, or any of your rights or obligations under this Contract, without Inspire’s prior written consent and any attempted assignment shall be void. Inspire may, without your consent: (i) sell, transfer, pledge, encumber or assign this Contract or the accounts receivable and revenues derived from this Contract (or any proceeds thereof) in connection with any financing agreement, purchase of receivables program or other billing services arrangement; or (ii) assign this Contract to an affiliate of Inspire; or (iii) assign this Contract to any other person or entity succeeding to all or a substantial portion of the assets of Inspire or a competitive electricity supplier licensed to do business in the District of Columbia. In addition, Inspire may assign its rights and obligations hereunder consistent with applicable law. If this Contract is assigned to another licensed third-party supplier, you will be notified in accordance with applicable regulations. There are no third-party beneficiaries to this Contract.
17. Force Majeure and No Warranties. INSPIRE MAKES NO REPRESENTATIONS, WARRANTIES, AFFIRMATIONS OF FACT, OR PROMISES, EXPRESS OR IMPLIED, OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS Contract AND INSPIRE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. You agree that if events of Force Majeure result in interruptions in service Inspire will not be responsible for supplying electricity to you and we will not be liable for those interruptions. “Force Majeure” means any “Act of God” or other unexpected and disruptive event beyond the reasonable control of either party that interferes with either party’s ability to perform its obligations under this Contract, except for the obligation to pay monies. Force Majeure may also include accidents, strikes, labor troubles, requirement maintenance work, inability to access the local distribution utility system, nonperformance by the EDC, hazardous weather, power outages, public health emergencies, or any other cause beyond Inspire’s reasonable control. Any party which is unable to perform its obligations as a result of a Force Majeure event shall provide written notice to the other party of the existence of such event and exercise due diligence to remove such event with all reasonable dispatch, but shall in no event be required to incur commercially unreasonable expense in doing so. Customer acknowledges that Inspire does not own or operate transmission or distribution systems through which energy is delivered.
18. Severability. Each provision of this Contract is made subject to the maximum extent permitted by law and if any of the provisions, or portions or applications hereof are held to be unenforceable or invalid by any court of competent jurisdiction, Inspire and Customer shall negotiate an equitable adjustment to or amendment of the affected provisions with a view toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions, or portions or applications hereof or thereof, shall not be affected thereby.
19. Application of the UCC. THE PARTIES AGREE THAT TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW, ARTICLE 2 OF THE UNIFORM COMMERCIAL CODE SHALL APPLY TO ENERGY SOLD HEREUNDER AND IF ANY TOPIC OR MATTER ADDRESSED HEREIN IS ALSO ADDRESSED IN SUCH ARTICLE 2, THEN THIS CONTRACT SHALL CONTROL AS TO SUCH TOPIC OR MATTER. CUSTOMER HEREBY WAIVES ANY RIGHTS IT MAY HAVE PURSUANT TO SECTION 2609 OF THE UCC, OR ANY OTHER SIMILAR DOCTRINE UNDER LAW OR STATUTE WHEREBY CUSTOMER MAY DEMAND ADEQUATE ASSURANCE OF PERFORMANCE FROM INSPIRE.
20. Mandatory Arbitration, Waiver of Jury Trial, and Class Action Waiver.
a. Purpose. For any Dispute with us, you agree to first contact us at help@inspirecleanenergy.com and attempt to resolve the dispute with us informally. After attempting to resolve the Dispute directly with Inspire, you may pursue resolution by contacting the PSC using the PSC’s dispute resolution processes. In the unlikely event that Inspire is not able to resolve the Dispute it has with you after sixty (60) days, and the dispute is not resolved through the PSC’s dispute resolution processes, any Dispute involving you and us shall be resolved through individual, binding, and mandatory arbitration.
IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. BY ACCEPTING THIS CONTRACT, YOU KNOWINGLY, WILLINGLY, AND VOLUNTARILY AGREE THAT YOU AND INSPIRE ARE EACH WAIVING THE RIGHT TO SUE IN COURT (EXCEPT AS PROVIDED HEREIN) AND ARE EACH WAIVING THE RIGHT TO HAVE A TRIAL BY A JURY.
b. Definitions. This “Arbitration Provision” shall be broadly interpreted. “Dispute” means any claim or controversy related to us or our relationship, including but not limited to any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before this or any prior agreement; (3) claims that arise after the expiration or termination of this Contract, and (4) claims that are the subject of purported class action litigation. As used in this Arbitration Provision, “us” means Inspire and any of its current or future predecessors, successors, assigns, parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees and agents, and “you” means you and any users or beneficiaries of Inspire’s services rendered under this Contract.
c. Exclusions. Notwithstanding anything in this Arbitration Provision to the contrary, nothing in this Arbitration Provision will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
d. Right to Sue in Small Claims Court. Notwithstanding anything in this Arbitration Provision to the contrary, either you or we may elect to have an action heard in a small claims court in the area where you receive(d) services from us, so long as the Dispute or claim is not aggregated with the claim of any other person and the amount in controversy is properly within the jurisdiction of the small claims court.
e. Initiation of Arbitration Proceeding. The party initiating the arbitration proceeding may open a case with the American Arbitration Association (“AAA”) by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). You may deliver any required or desired notice to us by mail to 923 Haddonfield Road, Suite 300; Cherry Hill, NJ 08002 – ATTN: LEGAL DEPARTMENT
f. Arbitration Law and Procedures. This Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by the AAA pursuant to its Consumer Arbitration Rules (the “AAA Rules”) as modified by the version of this Arbitration Provision that is in effect when you notify us about your Dispute. You can obtain the AAA Rules and the AAA’s Consumer Due Process Protocol by visiting its website (www.adr.org/consumer) or calling its toll-free number (1-800-778-7879). If there is a conflict between this Arbitration Provision and the rest of this Contract, this Arbitration Provision shall govern.
A single arbitrator will resolve the Dispute. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless you and we agree otherwise, the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances will take place in the county of your billing address. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitrator’s decision will follow the terms of the Contract and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of the Contract, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
g. Waiver of Class Actions and Collective Relief. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS OR DISPUTES TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT, OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL) OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM OR DISPUTE. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR DISPUTES AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT. THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION.
h. Survival and Amendments. This Arbitration Provision shall survive termination of this Contract. Any amendments to this Arbitration Provision shall be prospective only and shall not affect any pending arbitration proceeding.
i. Waiver of Jury Trial. WHETHER IN COURT OR IN ARBITRATION, YOU AND WE AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT PERMITTED BY LAW.
21. Applicable Law and Other Provisions. This Contract is subject to any Law existing or enacted during the term of this Contract. “Law” means any law, legislation, statute, regulation, rule, tariff, decision, writ, order, decree or judgment, or any interpretations by any court, agency or instrumentality that has jurisdiction. This Contract will be governed by the laws of the State where service is provided without regard to the application of its conflicts of law principles.
22. Customer Information Release Authorization and Use. By entering into this Contract, you authorize Inspire to obtain, from you and your EDC, certain information about you that Inspire needs to provide service to you, including your: account name; billing address; service address; telephone number; EDC account number(s) and other account-related numbers designated by your EDC as necessary to process an enrollment; bill cycle; voltage level; utility rate class or code; load profile; meter number; meter type; multiple meter indicator; peak load contribution; metered demand; billed demand; monthly historical demand, consumption, time-of-use, and interval meter data for the previous 12 months; other energy consumption history; payment history; billing determinants; and capacity tag/peak energy demand information, as applicable. You also agree that Inspire may obtain information regarding your credit history from credit reporting agencies. You agree that Inspire may share your information with Inspire’s subsidiaries and/or affiliates, your EDC, and any service vendor or others Inspire uses to support our business, including any third-party entities with whom we have relationships. You also agree that Inspire may share information about your account with any designated rewards partner(s) to the extent necessary to administer any promotions consistent with the privacy policy of Inspire, which can be found here: www.inspirecleanenergy.com/policies/privacy-policy.
You may rescind these authorizations and restrict the release of your information by contacting us by anytime in writing or by calling us toll-free at 866-403-2620. Inspire reserves the right, to the extent permitted by Law, to reject your enrollment or terminate this Contract and cancel your service in accordance with this Contract in the event these authorizations are rescinded. We reserve the right to share information with Inspire’s affiliates, to the extent permitted by Law, but we will not distribute or sell your personal information to any unaffiliated party without your consent unless we are required to do so by Law or it is necessary to enforce the terms of this Contract or to allow you to receive any promotions specific to your plan. Customer’s execution of this Contract shall constitute authorization for the release of this information to Inspire. This authorization will remain in effect during the Initial Term and any Renewal Term. Customer may rescind this authorization at any time by providing written notice thereof to Inspire or by calling Inspire toll-free at 866-403-2620. Inspire reserves the right to cancel this Contract in the event Customer rescinds the authorization.
23. Regulatory Changes. If there is a future change, including any change in applicable law, rule, regulation, order, filed tariffs, market rules or pricing structure whereby Inspire is prevented, prohibited or frustrated from carrying out the terms of this Contract, in its sole discretion Inspire will have the right to cancel this Contract by giving notice to you as required under applicable law. If there is a future change, including changes in any applicable law, rule, regulation, order, filed tariffs, decisions judgement, or decree, market rules or pricing structure, or in charges or new charges, imposed by your EDC, PJM, the PSC or any governmental agency, whereby Inspire incurs additional charges or costs as a result of such changes, then Inspire will have the right in its sole discretion to propose to adjust your price to reflect such additional charges or costs to Inspire by providing you with advance written notice at least forty-five (45) days before the proposed effective date. If you do not accept such proposed price change, Inspire has the right to cancel this Contract by giving notice to you as required under applicable law.
24. Notices. Inspire shall provide written notice of any changes to this Contract by mail or, if an email address is provided, by email. You consent to receive all notices concerning this Contract via email, except where prohibited by law. You represent and warrant that you have provided Inspire with contact information that is accurate, complete and current, including without limitation your legal name, address(es), email address(es), and telephone number(s). YOU AGREE TO NOTIFY INSPIRE IMMEDIATELY IF THERE IS ANY CHANGE IN THE INFORMATION THAT YOU HAVE PROVIDED TO INSPIRE, INCLUDING WITHOUT LIMITATION ANY CHANGE IN YOUR TELEPHONE NUMBER(S), INCLUDING YOUR MOBILE TELEPHONE NUMBER(S). YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND AND HOLD INSPIRE HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT (47 U.S.C. SEC. 227), AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM INSPIRE (OR SOMEONE ON INSPIRE’S BEHALF) ATTEMPTING TO CONTACT YOU AT THE TELEPHONE NUMBER(S) YOU PROVIDED. YOUR CONSENT TO BE CONTACTED FOR INFORMATIONAL PURPOSES AT THE TELEPHONE NUMBER(S) YOU PROVIDE TO INSPIRE IS A MATERIAL PART OF THIS CONTRACT AND MAY NOT BE REVOKED.
25. Contact Information.
Electric Supplier Name: Inspire Energy Holdings, LLC
Address: 923 Haddonfield Road, Suite 300; Cherry Hill, NJ 08002
Phone (toll-free): 866-403-2620
Email: help@inspirecleanenergy.com
Chat: www.inspirecleanenergy.com
Customer Service for your EDC:
Baltimore Gas & Electric Company (BGE): 1-800-685-0123
Delmarva Power & Light Company (Delmarva): 1-800-898-8042
The Potomac Edison Company (PE): 1-888-544-4877
Potomac Electric Power Company (Pepco): 1-877-737-2662
Southern Maryland Electric Cooperative (SMECO): 1-888-440-331
Commission and OPC Contact Information:
Maryland Public Service Commission
Consumer Affairs Division
William Donald Schaefer Tower
6 St. Paul St., 16th Floor
Baltimore, MD 21202
https://www.psc.state.md.us/
(800) 492-0474
Office of the People’s Counsel
6 St. Paul Street, Suite 2102
Baltimore, MD 21202
https://opc.maryland.gov/
(410) 767-8150
26. Parties Bound. This Contract is binding upon the parties hereto and their respective successors and legal assigns. Customer and Inspire have caused this Contract to be executed by individuals authorized to bind each party, and Customer has reviewed all of the terms and conditions herein. Customer may cause this Contract to be executed by providing Customer’s written signature below or by such alternative forms of verification as the PSC and federal laws may permit to initiate retail energy supply service, including an audio recording of a customer agreeing to the switch verbally on a telephone call or an electronic record of an internet transaction that meets the PSC requirements, including an electronic signature. Such alternative forms of verification shall be treated and deemed enforceable as if Customer had provided an original written signature.
YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.
I have read, understand, and agree to the terms and conditions of this Contract, confirm that I am the customer of record for this electricity account, and voluntarily authorize Inspire to perform the necessary tasks to complete my enrollment and initiate electricity supply service.
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Sales Agent Name: "N/A"
Sales Agent ID #: "N/A"
Last Updated June 1, 2022
Promotion and Rewards Terms and Conditions
This agreement sets forth the general terms and conditions ("Promotion Terms") that apply to your participation in any promotion or reward offered by Inspire Energy Holdings, LLC ("Inspire"), including any introductory offers, offers that you access through a promotional code, or any other rebate, bonus, or incentive offered by Inspire (each a "Promotion").
These Promotion Terms are subject to your agreement with Inspire for electricity supply service (including but not limited to, where applicable, any contract summary) (collectively, "Electricity Sales Agreement"), as may be amended from time to time. The Electricity Sales Agreement constitutes a part of these Promotion Terms and is expressly incorporated herein.
Inspire reserves the right to both modify these Promotion Terms from time to time and/or to terminate any Promotion at any time and without prior notice unless notice is required under law.
Terms of specific individual Promotions applicable to you can be found in Section 6.
PLEASE NOTE:THE TERMS BELOW ARE VERY IMPORTANT BECAUSE THEY OUTLINE YOUR LEGAL RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
THE ELECTRICITY SALES AGREEMENT INCORPORATED HEREIN CONTAINS A BINDING ARBITRATION PROVISION THAT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHTS UNDER THESE PROMOTION TERMS.
1. Eligibility. These Promotion Terms do not apply to New York members. When Inspire offers a Promotion, it may set eligibility requirements for participation in the Promotion. Inspire reserves the right to determine whether a particular customer satisfies those requirements. Promotions are not available for all rate classes, all customer types, or in all areas. Promotions are not available in areas where Inspire does not offer its services. You may not be eligible for certain Promotions, including Promotions relating to initial enrollment with Inspire (e.g., a "Sign Up Bonus"), if you have previously been enrolled with Inspire. Promotions are limited to one per customer and electricity supply account. You may become ineligible for a promotion if your local utility company rejects or terminates your Inspire enrollment or service. Additional eligibility limitations related to specific Promotions are set forth in Section 6.
2. Limitations. Promotions are limited time offers. Promotions may not be applied as a credit or offset to reduce the amount owed by you to Inspire or your local utility company. Unless otherwise provided by applicable law, Promotions have no value of any kind until they are redeemed and received by you, and you have no property rights or other legal interest in any Promotion until you redeem and receive a benefit under the Promotion and that property interest or other legal interest continues to be subject to any limitation or requirement of the specific individual Promotion terms and these Promotion Terms. To the extent a Promotion benefit is not a cash award, and unless otherwise provided by applicable law, the Promotion benefit shall have no cash value. Promotions are non-negotiable. You may not transfer, pledge, sell, barter, or assign Promotions to any other party, and any attempt to do so shall be void and of no legal effect. A Promotion cannot be combined with other Promotions, discounts, reward programs, or other offers, unless specifically authorized by Inspire.
Promotion-specific terms and limitations apply (see Section 6). Inspire reserves the right, in its sole discretion, to determine whether a particular customer has met all requirements to redeem under a specific individual Promotion. The manner and means by which a Promotion or Promotion benefit may be redeemed by, conveyed to, or reimbursed to a customer is at the sole discretion of Inspire and may be by any means Inspire deems appropriate, including requiring specified affirmative actions by the customer.
Promotions are void where prohibited by law. In the event that all or part of any Promotion is found to be in violation of applicable law, Inspire shall have no obligation to provide or fulfill the terms of such Promotion.
Inspire may change or cancel any Promotion at any time. Inspire may set an expiration period for Promotion redemption or a redeemed Promotion. Inspire may revoke your participation in any Promotion at any time, and any Promotion or Promotion benefit associated with you may be forfeited at Inspire’s discretion unless already redeemed and received by you subject to any limitation or requirement of the specific individual Promotion terms and these Promotion Terms. Inspire may temporarily or permanently disqualify you from participating in any Promotion and/or adjust or cause to be forfeited any benefits under any Promotion as a result of your abusive behavior, "gaming" conduct, fraud, misrepresentation, violation of any law, bankruptcy or insolvency (subject to applicable law and regulation), or violation of any of the terms or conditions of the Promotion, these Promotion Terms, the Electricity Sales Agreement, or any other agreement with Inspire or your local utility company, in each case as determined by Inspire in its sole discretion. If you, Inspire, or your local utility company cancel your electricity service, close your Inspire account, or revoke your access to any services provided under the Electricity Sales Agreement for any reason, your claim to any Promotion or Promotion benefit not already redeemed by and received by you is forfeited.
3. Customer Information. Inspire may need to provide your information to a third-party vendor or service provider in order to fulfill some or all of a Promotion. You may opt out of Inspire providing information to these third parties by calling Inspire at 866-403-2620. Should you opt out, Inspire does not guarantee another means of accessing or redeeming a Promotion. Please see Inspire’s Privacy Policy for additional information, available at www.inspirecleanenergy.compolicies/privacy-policy.
4. Indemnification; Disclaimer and Limitation of Liability. You agree to indemnify and hold Inspire and its third-party vendors and service providers and their respective affiliates, successors, directors, officers, employees, agents, and contractors harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) arising from your: (i) participation in a Promotion; (ii) fraud or misuse of a Promotion; (iii) violation of these Promotion Terms; and/or (iv) violation of any applicable law or the rights of any third party.
Inspire shall not be responsible for resolving any conflicting claims to any Promotion or Promotion benefit. Inspire is not responsible for any lost or stolen Promotion or Promotion benefit. Inspire shall have no liability in connection with or relating to any disagreements between you and your local utility company.
Inspire reserves the right (but is not required) to correct inaccurate Promotion benefit awards. If Inspire does not credit, or improperly denies, your eligibility for a Promotion to which you were otherwise eligible, then your exclusive remedy will be the issuance of the improperly denied Promotion benefit, if available, or such other alternative benefit as Inspire, in its sole discretion, may determine. Neither Inspire nor any of its affiliates, agents, or representatives have any other or additional liability to you or any other person for such error(s), subject to applicable law. The parties shall follow the dispute resolution procedures set forth in the Electricity Sales Agreement.
Notwithstanding any other provision of these Promotion Terms and subject to the immediately preceding paragraph, in no event will Inspire or any of its respective affiliates, successors, directors, officers, employees, agents or contractors be responsible or liable to you, or anyone claiming through you or on your behalf, for claims, damages, or liability arising out of participation in a Promotion or related to a Promotion, other than such claims, damages, or liability directly caused specifically by Inspire’s gross negligence or willful misconduct. In no event will Inspire be liable for any indirect, special, exemplary, punitive, or consequential damages, including without limitation lost revenue, lost profits, or lost opportunity, arising out of or relating to any act or omission of Inspire, its service providers, or any of their respective affiliates or agents, or otherwise in connection with or relating to a Promotion or its administration or that result from the use of or inability to use a Promotion or Promotion benefit, whether arising under contract, warranty, tort (including negligence or strict liability), or any other theory of liability, even if Inspire has been made aware of the possibility of such damages.
In addition, Inspire makes no warranty or representation, either express or implied, and expressly disclaims any and all liability and damages with respect to type, quality, or fitness for use of goods or services provided through or in connection with a Promotion or the terms herein or otherwise obtained by you in connection with a Promotion. Notwithstanding anything to the contrary, Inspire’s maximum aggregate liability to you for all claims arising out of or relating to these Promotion Terms or to a Promotion shall not exceed the lesser of (i) the amount paid by you to Inspire over the prior twelve months in connection with the Promotion, and (ii) $10.
5. Miscellaneous. You are solely responsible for reporting Promotion benefits on your tax returns, if applicable, and paying any tax liability relating to any Promotion is solely your responsibility. When laws require Inspire to do so, Inspire will also report Promotions as income to the Internal Revenue Service, as well as to state and local tax authorities.
Inspire may end any Promotion at any time for any reason or no reason, without notice to you unless notice is required under applicable law. Inspire may also in its sole discretion cancel, change, amend, modify, or restrict any Promotion or any aspect, term, or feature of any Promotion or these Promotion Terms at any time without prior notice and for any reason or no reason (subject to any notice requirements under applicable law). You consent to all such changes and agree that they will apply to you and the Promotions.
These Promotion Terms and the documents that they incorporate constitute the entire agreement between you and Inspire with respect to the subject matter of these Promotion Terms and supersede all prior agreements or representations, written or oral, concerning such subject matter; provided, however, nothing herein modifies the terms and conditions of the Electricity Sales Agreement.
The failure by Inspire to enforce any provision of these Promotion Terms shall not constitute a waiver of that provision. You may not assign any of your rights or obligations under these Promotion Terms, in whole or in part, without Inspire’s prior written consent. Inspire may assign its rights and/or obligations under these Promotion Terms, in whole or in part, without your consent.
6. Terms of Individual Promotions. You may be eligible for the following individual Promotions. The following additional terms and conditions apply to such Promotions.
A. Reimbursed Cancellation Fee. Following your enrollment in an eligible service offered by Inspire, you may redeem a reimbursement of up to $150 to cover contract termination or cancellation fees ("Cancellation Fees") charged by your former electricity supplier and paid by you in switching your electricity supply service to Inspire. Your ability to receive this reimbursement is subject to the Electricity Sales Agreement, Promotion Terms, and the terms in this Section 6(B). New York members are not eligible for this promotion at this time.
You are not eligible for this Promotion if: (i) If your service address is in New York State (ii) Inspire determines you are ineligible or unable to enroll in or receive electricity supply services from Inspire; or (iii) you are not, at the time of redemption, enrolled in an Inspire subscription or fixed-rate plan for electricity supply services. Inspire will only reimburse Cancellation Fees paid by you as a direct result of your switching to an Inspire service (for example, Inspire will not pay for fees incurred when you switched to your former electricity supplier). Sales tax on Cancellation Fees will not be reimbursed. In no case will Inspire reimburse more than $150 in Cancellation Fees to a single customer or on any one electricity account.We reserve the right to chargeback any reimbursement redeemed under this Promotion if your electricity service or Inspire account is cancelled, terminated, or closed within six (6) months of redemption.
To redeem your reimbursement under this Promotion, you must contact Inspire Member Experience at 866-403-2620 and provide Inspire any proof of payment it requests. Such proof must be submitted within thirty (30) days of your payment of any Cancellation Fee you seek to have reimbursed.Inspire is not obligated to provide any reimbursement or honor this Promotion if you fail to timely provide Inspire with any information it may request. Reimbursements under this Promotion will be made by any means Inspire deems appropriate, including by check (to be mailed to your address Inspire has on record).
B. $50 BJs American Express Reward Card After Signing Up with Inspire. $50 BJs American Express Reward Card After Signing Up with Inspire.
Following your enrollment in an eligible service offered by Inspire, you may redeem a promotional $50 BJs American Express Reward Card after your utility company accepts and begins your electricity supply service with Inspire. Your ability to redeem this Promotion is subject to the Electricity Sales Agreement, Promotion Terms, and the following terms. This Promotion is subject to expire any time at Inspire's discretion.
You are eligible for this Promotion only if: (i) Inspire is able to provide electricity supply service to your service address; (ii) you are a new Inspire customer (i.e., you have not previously subscribed to any Inspire service); (iii) you are enrolled in an Inspire subscription or fixed-rate plan for electricity supply services; (iv) you are a residential or small commercial Inspire customer; and (v) your utility company accepts your enrollment with Inspire.
To be able to redeem this Promotion, you must start your electricity supply service with Inspire, pursuant to the Electricity Sales Agreement, and your utility company must accept your enrollment with Inspire. Any cancellation of Inspire’s services, rescission of the Electricity Sales Agreement, or closure of your utility company account before your electricity supply service with Inspire begins voids this Promotion and your eligibility in this Promotion.
If you meet the Promotion requirements, Inspire will send you a $50 BJs American Express Reward Card within 30 days of your beginning to receive electric supply from Inspire (as determined by your utility company). Upon Inspire’s request, you agree to provide within a time period stated by Inspire a copy of your bill or invoice or any other information Inspire may request to facilitate fulfillment under this Promotion; Inspire is not obligated to provide any benefit or honor this Promotion if you fail to timely provide Inspire with any information it may request. Fulfillment under this Promotion may be completed by any means Inspire deems appropriate, including through use of a third-party provider. This promotional $50 BJs American Express Reward Card may be subject to an expiration date. BJs American Express Reward Card terms and conditions apply.
We will cover any early cancellation fees up to $150 from your previous supplier. Following your enrollment in an eligible service offered by Inspire, you may redeem a reimbursement of up to $150 to cover contract termination or cancellation fees (“Cancellation Fees”) charged by your former electricity supplier and paid by you in switching your electricity supply service to Inspire. Your ability to receive this reimbursement is subject to the Electricity Sales Agreement, Promotion Terms, and the terms in this Section 6(B).
You are not eligible for this Promotion if: (i) Inspire determines you are ineligible or unable to enroll in or
receive electricity supply services from Inspire; or (ii) you are not, at the time of redemption, enrolled in an Inspire subscription or fixed-rate plan for electricity supply services. Inspire will only reimburse
Cancellation Fees paid by you as a direct result of your switching to an Inspire service (for example,
Inspire will not pay for fees incurred when you switched to your former electricity supplier). Sales tax on Cancellation Fees will not be reimbursed. In no case will Inspire reimburse more than $150 in
Cancellation Fees to a single customer or on any one electricity account. We reserve the right to
chargeback any reimbursement redeemed under this Promotion if your electricity service or Inspire
account is cancelled, terminated, or closed within six (6) months of redemption.
To redeem your reimbursement under this Promotion, you must contact Inspire Member Experience at 1-866-403-2620 and provide Inspire any proof of payment it requests. Such proof must be submitted within thirty (30) days of your payment of any Cancellation Fee you seek to have reimbursed. Inspire is not obligated to provide any reimbursement or honor this Promotion if you fail to timely provide Inspire with any information it may request. Reimbursements under this Promotion will be made by any means Inspire deems appropriate, including by check (to be mailed to your address Inspire has on record).