ENERGY INC. TERMS & CONDITIONS
The party identified in the header
of your customer sign-up form is an authorized community partner or independent
broker of Sponsor Energy Inc., a licensed retailer of electricity (retail
license# 343969) and natural gas (retail license# 343970) in the Province of
This Agreement is between Sponsor
Energy Inc. ("Sponsor Energy", "we", "our" and
"us"), and you, namely the customer identified in the accompanying
Sign-Up Form ("Customer", "you", and "your"). In
this Agreement, Sponsor Energy and the Customer are sometimes collectively
referred to as the "parties" and individually as a "party".
You agree that this Agreement is
like any written negotiated agreement signed by you, and you agree to be bound
by its terms and to fully comply with those terms.
On the terms and subject to the
satisfaction of the conditions set out in this Agreement, we agree to arrange
for the supply of Energy to the Site(s). In return, you agree to pay
Sponsor Energy the Energy Charge (which may include a Service Fee) and all
other applicable charges, including but not limited to the Administration
Charge, any Late Payment Charge, all Third Party
Charges and the Green Electricity Price (as applicable).
We may also provide other energy-related
services such as analytics and other tools to help you understand and manage
your usage (collectively the “Tools”). The Tools may be provided to you in
partnership with a third party, that will be a value-add to the supply of
Energy to the Site(s), giving you the opportunity to analyze your energy
consumption patterns and optimize energy savings. Thus, in order for us to
provide you with the Tools, we may need to share your usage and other
information with our third-party partner who would be hosting the Tools. Use
Terms and Conditions. Examples of the Tools may include either a mobile app or
browser-based dashboard application that you will be able to use to take
advantage of these value-add services.
1.1 Your Basic Cancellation Right
You may cancel this Agreement at any
time without cost or penalty by providing us with a minimum of ten (10) business
days written notice.
1.2 Cooling Off Period
Provincial law allows you to cancel
this Agreement without cost or penalty:
1.3 Additional Cancellation Terms
You agree that if you cancel this
Agreement as provided above, you may, depending upon the circumstances, be
responsible for the costs of any Energy supplied to you up to the cancellation
The Energy Charge you agree to pay
for and the Energy we supply to you is set out in the Sign-up Form and the
Energy Plan Confirmation, and is based on the Energy
Plan you have chosen. You agree to pay for and we agree to sell you Electricity
and or Natural Gas based on the agreed Energy Charge, Administration Charge,
Third Party Charges plus other applicable charges.
2.2 Variable Electricity or Variable
Natural Gas Rate
The wholesale cost of Energy plus a
Retail Fee as detailed in Section 8. The Retail Fee is subject to change with due
2.3 Stable Electricity or Stable
Natural Gas Rate
2.4 Prudential Security Payment
the Customer chooses a rate that is supported by a Prudential Security Payment.
2.5 Additional Charges
In addition to the Energy Charge,
you are responsible for Administration Charges and other charges related to the
supply of Energy to your Site. We will show such charges on your bill.
2.6 Paper Bill Fee
If a paper bill has been requested,
a CDN$3.00 fee will be added to each monthly bill to cover Sponsor Energy's
cost for processing and mailing.
2.7 "Top-Up" Energy Rates
If you have elected to make an
"Optional Top Up", we will collect from you as part of your energy
bill an amount equal to that Optional Top Up, which we will record as a
donation made on your behalf to the Community Partner and/or charity you have
designated. On a regular basis, we will make payment of the top-up amounts to
that Community Partner. Even though the top-up amounts are in addition to the
other Electricity Rates, we will treat all amounts (including the top-up
amounts) as part of the amounts owing to us on your monthly bill, such that any
non-payment of top-up amounts will be treated the same as any other non-payment
to us under this Agreement. If you wish to discontinue making top-up payments,
you must provide us with 10 days advance notice in writing.
3.1 Offer Conditions
To be eligible for this program,
your site(s) must be located in the Province of Alberta. This offer is not
open to customers purchasing electricity for Sites located in certain Rural
Electrification Associations, in the City of Medicine Hat service area,
customers purchasing Natural Gas for sites located in a Rural Gas Co-op, or
customers with a daily, time-of-use or interval meter, or customers who will
use more than 250,000 kWh of electricity or 2,500 GJ of natural gas annually.
3.2 Start Date
We will begin on the Enrollment Date
of your Site ID(s) with the Distribution Company. We expect that Energy
should be supplied to the Site ID(s) within thirty (30) days from the start of
the Term of this Agreement; however, the actual date upon which Energy will be
provided to you will depend on the Distribution Company's ability to enroll the
3.3 Conditions of Supply
Before we arrange for the supply of
Energy to your Site, and before this Agreement comes into effect:
3.4 Credit Requirements
You agree to provide us with and
authorize us to request and receive from third parties reasonable financial and
credit information. You agree to maintain credit worthiness satisfactory to
Sponsor Energy at all times while this Agreement is in effect. If you do not
maintain credit worthiness satisfactory to Sponsor Energy, we may cancel this
Agreement at our discretion.
3.5 Appointing Us as Your Agent
3.6 AUTO-RENEWAL TERMS
Please remember that you always have
the option to cancel this Agreement (see Sections 1.1, 5.1 and 7.3).
4.0 BILLING AND PAYMENT
We will bill you regularly by
emailing you a billing statement, based on the most current Contact Information
we have on file for you and you must pay your bill in full. Your billing
statement will be processed monthly and the timing will generally follow the meter
read cycle adopted by the Distribution Company. The email billing statement
will include a web link that will enable you to view, download or print your
bill details. The Supplier's billing cycle will determine the payment due
date which may vary from month to month. Your billing statement will include an
online link whereby you can view, download or print invoice details for each
site. Your bill will include charges and adjustments for the Energy supplied to
you under your chosen Energy agreement, as well as other charges as set out in
this Agreement. The portion of your bill related to consumption is based on
meter readings and estimates provided by the Distribution Company. We may also
make estimates if actual data is not available from the Distribution Company or
any other supplier. Therefore, your invoice may be debited or credited as we
adjust prior period estimates to actual values. You are responsible for paying
all bills in connection with this Agreement, even those we invoice after the
end of the Term for costs or adjustments incurred due to consumption during the
term. Subject to applicable laws, you are responsible for all charges on your
bill, even if you don't receive your bill on time, or at all, for any reason.
This includes, without limitation, an interruption in postal service or a
situation where we don't have your correct Contact Information. We may cancel
this Agreement if you don't pay your bills on time.
As a normal rule, the monthly
Sponsor Energy bill will be paid by pre-authorized debit (PAD) on or after the
3rd calendar day of the month following the invoice statement date month. If
Sponsor Energy agrees to payment of any amounts by credit card, a 3% processing
fee will be added to the amount payable.
4.3 Estimated and Actual Consumption
The portion of your bill related to
consumption is based on the metered or estimated Electricity or Natural Gas
consumption data provided by the Distribution Company or other suppliers.
Periodically, either the Distribution Company or we will make
adjustments to your bill as we true up prior period estimates to actual
4.4 Late Payments or Disputed Bills
If we do not receive your payment in
full by the due date specified on your invoice, you will be charged and must
pay interest at the rate of 1.5% per month (19.56% per year) ("Late
Payment Charge") on all overdue amounts calculated and compounded monthly
from thirty (30) days after the date of the invoice until the date that payment
is received in full.
Returned payments from financial or
lending institutions for insufficient funds or any other reason will result in
a charge to you of CDN$35.00 or such higher amount as is charged by the
applicable financial or lending institution with respect to such returned
payment. You will be responsible for all legal and collection fees
(including fees paid to our legal counsel) that we may incur in the process of
collecting any amounts owing under this Agreement.
If you do not pay your bills on
time, we may cancel this Agreement and seek recovery of all related costs.
You may dispute a bill up to thirty
(30) days upon receipt of a bill; it is your responsibility to review and
ensure you are being billed on the correct rate and Site ID and notify us of an
error as soon as possible.
5.0 CHANGES TO THE SUPPLY OF ELECTRICITY
AND OR NATURAL GAS AND TERMINATING THE AGREEMENT
5.1. Changes to this Agreement
Other than the Energy Charge, we may
change, modify, add or remove portions of this Agreement (including, the
Administration Charge and the Retail Fee) at any time and at our sole
discretion. Before doing so, however, we will provide you with at least thirty
(30) days advance notice of the proposed change.
Notice of any changes that we make
to this Agreement will be given to you in a manner provided for in Section 7.3
below. The notice may include a link to our website where you can find more
information on any of our changes to this Agreement.
Upon request, we can provide you
with a written, hard-copy statement detailing the changes that we will be
making to this Agreement.
5.3 Transferring this
We may transfer this Agreement to
another Energy retailer by giving you notice. You may not transfer this
Agreement to any other person or business. In the event Sponsor Energy is in
material default of its obligations to the Supplier, the Supplier may assume
this Agreement by giving you notice and accordingly your PAD information
will be provided by Sponsor Energy to the Supplier.
5.4 De-Enrollment and Outstanding
When this Agreement ends, we will ask
the Supplier to de-enroll your site. Outstanding obligations under this
Agreement will survive the cancellation, termination or expiry of this
Agreement until the de-enrollment is finished and any outstanding obligations
(including any obligation to pay) under this Agreement have been satisfied in
5.5 Our Termination Rights
We may cancel all or a portion of
the Agreement without penalty:
5.6 Credit Balance
At the end of your Energy agreement
and after final reconciliation of all accounts outstanding, if there is a
credit balance greater than five dollars (CDN$5.00), it will be refunded to you
via Interac e-Transfer and sent to the current email address on file at the
time of termination of the account. If there is a credit on your account in the
amount five dollars (CDN$5.00) or less, the account will be closed
and the credit balance will be written off.
6.0 UNEXPECTED EVENTS
Certain events beyond our control
may make it impossible for us to fulfill our obligations under this Agreement.
We are not legally responsible to you in those events and will resume our
obligations as soon as we reasonably can. This Agreement will otherwise remain
in full effect.
7.0 OTHER DUTIES AND
7.1 Limitation of Responsibilities
WE DO NOT CONTROL AND ARE NOT
RESPONSIBLE FOR THE PHYSICAL SYSTEMS THAT SUPPLY YOUR ENERGY, THE CONTINUITY OF
YOUR ENERGY SUPPLY OR THE QUALITY OF YOUR ENERGY SUPPLY (INCLUDING BUT NOT
LIMITED TO GENERATION, TRANSMISSION, WIRES SERVICES, VOLTAGE AND FREQUENCY OF ELECTRICITY
AND PRESSURE AND FLOW OF NATURAL GAS). OTHERS, INCLUDING THE DISTRIBUTION
COMPANY, CONTROL THESE THINGS AND WE ARE NOT RESPONSIBLE FOR ANY OF THEM. YOU
ARE SUBJECT TO THE TERMS AND CONDITIONS OF DISTRIBUTION SERVICE AND TARIFFS OF
THE DISTRIBUTION COMPANY OR ITS AGENT. FAILURE TO COMPLY WITH THOSE TERMS AND
CONDITIONS MAY RESULT IN YOU BEING DISCONNECTED FROM
THE DISTRIBUTION SYSTEM AND SUBJECT TO FEES OR OTHER CHARGES. WE ARE ONLY
RESPONSIBLE FOR DAMAGES CAUSED DIRECTLY BY OUR ACTIONS AND THE ACTIONS OF THOSE
FOR WHOM WE ARE RESPONSIBLE AT LAW. WE ARE NOT RESPONSIBLE FOR PUNITIVE,
INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF USE,
REVENUE, PROFITS OR OPPORTUNITY. THIS PROVISION SURVIVES CANCELLATION,
TERMINATION OR EXPIRY OF THE ENERGY AGREEMENT.
The information you provide to us
will be used to establish and collect money for your account, to arrange for
the supply of Energy under this Agreement, for credit assessment and reporting
purposes, for law enforcement activities and to communicate with you. You agree
that the information you give us may also be shared with the Distribution
Company and with the Supplier or any party to whom we transfer, grant or pledge
- or intend to transfer, grant or pledge - an interest in this Agreement. We
may use your information (and disclose your information to our affiliates,
agents, brokers, charity partners and business partners) to assist us (and
them) to develop, enhance, market or provide products or services, to
understand our (and their) customers’ needs and preferences, and to meet legal
and regulatory requirements. Your information won't be collected, used or
disclosed for any other reason unless authorized by law.
By entering into this Agreement, you
consent to us collecting, retaining, using, and disclosing your information in
the manner described in this Section 7.2 and in accordance with the terms of
information is protected, please contact us at:
Phone: (855) 545-1160
7.3 Notices and Customer
7.4 Entire Agreement and Execution
This Agreement together with the
terms as outlined in the Sign Up Form represents the
entire agreement between us.
7.5 Waiver and Remedies
No failure or delay to exercise a
right under this Agreement will cancel that right. Seeking one remedy does not
prevent either one of us from seeking any other remedies we are entitled to
7.6 Fixing Legal Problems with
If any part of this Agreement cannot
be enforced, we agree to fix that part of this Agreement to make it enforceable
without changing the intention of this Agreement. If that part cannot be fixed
without changing the intention in this Agreement, it will be removed
and the rest of this Agreement will stay in effect.
7.7 Additional Contact Person
You may add another person to your
account who you would like to be authorized to make decisions regarding your
account. You agree that Sponsor Energy may fully rely on and that you will be
bound by the decisions, information and directions provided to Sponsor Energy
by such other person. This can include contacting us to discuss the bill,
making decisions about Electricity or Natural Gas rates or update banking or
personal information (such as email address etc.). The Contact Person may not
open or close an account in your name. The Contact Person's name will not be
displayed on the bill but will be noted in our records. To add an Additional
Contact Person to your account, please call or email us at:
You agree that you are the account
holder in relation to the Site ID(s), or are
authorized by the account holder in relation to the Site ID(s) and have the
authority to enter into this Agreement. We are relying on that authority for
the purposes of this Agreement.
Whenever used in this Agreement, the
following words and terms shall have the corresponding meanings:
Administration Charge: means the amount that
we charge for arranging for the provision of Energy to your Site(s) and other
associated administrative services. In the case of a daily fee customer, this
charge is zero.
Agreement: means these Terms and Conditions
together with the accompanying Sign-Up Form
Cancellation Date: means the date that the
cancellation of this Agreement becomes effective.
Contact Information: means your name, address,
email address, and phone number(s).
Daily Fee: means the service fee specified on
your Sign-Up Form and your Energy Plan Confirmation payable per day that you
consume as part of your Stable or Variable Natural Gas Price and/or your Stable
or Variable Electricity Price. We may change this fee from time to time in
accordance with Section 5.1 and per the notice provisions in Section 7.3(c)
Distribution Company: means the entity that operates
your natural gas or electricity distribution system as applicable, as may be
amended from time to time.
Distribution System: means the Distribution
Company's infrastructure used to deliver Energy to the Site(s).
Energy: means the natural gas, electricity, or both, to
be supplied to you under this Agreement.
Energy Charge: means the cost of Energy
consumed, based on, as applicable, (i) a Variable
Electricity Rate (which includes a Retail Fee) or a Stable Electricity Price;
or (ii) Variable Natural Gas Price (which includes a Retail Fee) or a Stable
Natural Gas Price; or (iii) a combination of both.
Energy Plan: means the energy plan that you
have selected for the provision of electricity or natural gas, or both, as
confirmed in the Sign-Up Form and the Energy Plan Confirmation.
Energy Plan Confirmation: means the
electronic confirmation sent to you by Sponsor Energy that: (i) confirms your Energy Plan; and (ii) describes any
incentives or other benefits that we may provide to you.
Enrollment Date: means the date that the
Site(s) is enrolled by the Distribution Company at Sponsor Energy’s request.
Green Electricity Price: means, if applicable, the cost
of electricity that comes from a renewable resource that you consume as a
function of the Green Electricity Price as specified on your Sign-Up Form and
your Energy Plan Confirmation (payable per kWh of electricity that you
Late Payment Charge: has the meaning found in
Monthly Meter Read: Each meter is read (typically
monthly) by the Distribution Company. The difference between one read and the
next is referred to as Monthly Consumption.
Monthly Consumption Usage and
Billing: It is
impossible to read every meter in the province on the last day of the month. As
such, each Distribution Company reads meters progressively during the month,
typically breaking the month into 20 cycles. Given that meter reads, as taken
by the Distribution Company, generally spans from one month into the next,
(example: February 13th to March 12th). The metered consumption on your monthly
bill is calculated to indicate how much energy was consumed during each portion
of the respective calendar month.
Optional Top-Up: means a donation made on your
behalf to the Community Partner and/or charity you have designated, collected
as part of your energy bill.
Renewal Term: has the meaning found in Section
Retail Fee: means the service fee(s)
specified on your Sign-Up Form and your Energy Plan Confirmation payable per
unit of Energy that you consume as part of your Variable Natural Gas Price or
Variable Electricity Price (if applicable). We may change this fee from time to
time in accordance with Section 5.1 and per the notice provisions in Section
Rural Electrification Association: means a not-for-profit
cooperative, incorporated or continued under the Rural Utilities Act (Alberta),
which owns electric distribution systems and supplies electric energy to
members in a rural region of Alberta.
Rural Gas Co-Op: means a not-for-profit
cooperative, incorporated or continued under the Rural Utilities Act (Alberta),
which owns its own distribution system and supplies natural gas to members in
its rural franchise area of Alberta.
Site(s): means the home, business or other
location identified in your Energy Plan Confirmation. (Note: as there are
different site identification numbers with respect to the provision of
electricity and natural gas, your home (for example) may consist of two
Stable Electricity Rate: The Stable Electricity Rate
means the applicable fixed price per unit of electricity on your Sign-Up Form
Stable Natural Gas Rate: The Stable Natural Gas Rate
means the applicable fixed price per unit of natural gas as applied to the
monthly fixed price volumes (“Fixed Price Gas”) as stated on your Sign-Up
Form. Monthly Consumption in excess of monthly Fixed Price Gas (“Excess
Gas”) will be purchased at the Variable Gas Rate. Fixed Price Gas volume
exceeding your Monthly Consumption (“Unused Gas”) will be sold at the Variable
Gas Rate. The Energy Charges for Fixed Price Gas, Excess Gas (if any) and
Unused Gas (as a credit if any) will be detailed on your bill.
Start Date: means the date you first
receive Energy under this Agreement.
Supplier: means AltaGas Ltd. who is
Sponsor Energy’s exclusive supplier of Energy and Sponsor Energy’s exclusive
facilitator of Distribution Company delivery services as the retailer of record
for the Sites.
Taxes: means any applicable federal, provincial or
regulatory taxes, duties, and surcharges which may be assessed, levied or
imposed with respect to the supply of Energy under this Agreement.
Term: means the Initial Term together with
any Renewal Term(s).
Terms and Conditions: means these terms and conditions.
Third Party Charges: means the amounts that are charged
to Sponsor Energy by third parties (such as the Distribution Company) as they
relate to the supply of Energy to the Site(s), including: (i)
enrollment and de-enrollment/exit fees; (ii) franchise fees; (iii) tariffs;
(iv) local access fees; (v) transportation charges; (vi) transmission and
distribution charges; (vii) rate riders; (viii) UFG-Related Charges; (ix)
delivery charges; (x) Taxes; and (xi) any similar or comparable charges.
UFG: means your Site(s) proportionate share of the
Distribution Company’s line loss, unaccounted-for natural gas and compressor
fuel as determined by the Distribution Company.
UFG-Related Charges: means the charges that apply
to both the Stable Natural Gas Price and the Variable Natural Gas Price and is
calculated by multiplying your UFG by the sum of the AECO Daily 5A Index plus
the Retail Fee.
Variable Electricity Rate (VEP) : means the load-weighted average flow-through of the wholesale market
price for electricity plus a Retail Fee. Your Variable Electricity Rate
will change each month and includes cost of Distributor assigned load shape,
line losses, unaccounted for energy, AESO energy marketing trading charges and
any other costs directly incurred by Sponsor Energy for the purchase of
electricity from the Supplier at the AESO hourly price. Variable
Electricity Rate is calculated as follows:
∑ ((HC + LL + UFE)*(PP +
EMTC + PA)) + RF + SC
HC: means the hourly
consumption of electricity as determined by applying the Distributor Load Shape
to Metered Electricity;
LL: means the amount of Line
Loss determined by the Distributor;
UFE: means the amount of
unaccounted for energy as determined by the Distributor;
PP: means the AESO hourly power
pool price as published by the AESO (“Pool Price”);
PA: means a price adjustment to
reflect difference between metered and settled costs including post final
adjustments incurred by the Supplier for Site energy purchases from the
EMTC: means the energy market
trading charge as published by the AESO;
RF: means the Retail Fee,
payable per kWh, for electricity provided to you through our services. In the
case of a daily fee consumer, the RF is zero.
SC: means the supplier charge,
payable per kWh provided, and is zero except for daily fee customers.
Variable Natural Gas (VNG)
a volume-weighted average flow-through of the daily spot market price for the
purchase of natural gas by Sponsor Energy from the Supplier plus a Retail
Fee. Your Variable Natural Gas Rate will change from month to month and
is based on the average daily price (CGPR 5A daily index) for natural gas plus
any incremental costs incurred by Sponsor Energy, including any UFG-Related
Charges, directly related with the purchase of natural gas volumes from the
Supplier for the Site(s). Variable Natural Gas Rate is calculated as
= ∑ (CONS+UFG )*(
CGPR5A Daily Index ) + RF + SC
CONS: means daily natural gas
consumption in GJ as determined by the Distributor;
CGPR5A Daily Index: means the NGX
AB-NIT line 5A as published by Canadian Gas Reporter, per GJ, for each day in
the billing cycle;
RF: means the Retail Fee, payable
per GJ, for natural gas provided to you through our services. In the case of a
daily fee consumer, the RF is zero.
UFG: means your Site(s)
proportionate share of the Distribution Company’s line loss, unaccounted-for
natural gas and compressor fuel as determined by the Distribution Company.
SC: means the supplier charge,
payable per GJ provided, and is zero except for daily fee customers.
9.0 GOVERNING LAW
This Agreement is governed according
the laws of the Province of Alberta and the laws of Canada that apply in
Updated Jul 12, 2018