Common use of Right to Rescission Clause in Contracts

Right to Rescission. If you are switching to Amigo Energy from a different REP, you may rescind this Agreement without penalty at any time before midnight of the third federal business day after receiving this Agreement. PUCT rules permit Amigo Energy to assume that you will receive this Agreement three (3) federal business days after we mail it to you. You may call us or write to us to rescind this Agreement at (000) 000-0000 and X.X. Xxx 0000, Xxxxxxx, Xxxxx 00000-0000. Right to Cancel Amigo Energy may cancel your Agreement if you do not pay your bills in full and on time. We may also cancel this Agreement if we are no longer a REP in your areas or for any other lawful reason, including in response to changing market conditions. Amigo Energy will provide you with written notice at least fourteen (14) days prior to cancellation. Customer may cancel this Agreement without penalty in the event Amigo Energy can no longer provide service. Customer may also cancel this Agreement without penalty by giving notice of a move to a different premise and providing reasonable proof of such move, including but not limited to a forwarding address. In the absence of such proof, Amigo Energy will charge an Early Termination Fee as stated in your EFL. Amounts owed by you to Amigo Energy shall become immediately due and payable. Billing & Payment FollowingtheswitchtoAmigoEnergyfromyourcurrentprovider,youmayreceiveabillforlessthanonemonth’sservice.Afterthe initial xxxx, you will receive a new xxxx from Amigo Energy each month for each ESI ID for which you are receiving service pursuant to this Agreement. Should you switch providers before the end of your billing cycle you will receive a xxxx for a partial month of service for thelastmonth’sservice.Additionally,AmigoEnergywillbillyouonbehalfofyourTDSPfortheservicestheTDSPprovides.Allbills are due and payable 16 days from the date on the xxxx for service to all ESI IDs. If actual charges are not available to Amigo Energy at the time of preparation of your invoice, Amigo Energy reserves the right to xxxx you on good faith estimates of charges for the month. If estimated charges are included on your invoice, they shall be identified as such and shall be reconciled against actual charges once Amigo Energy has received such actual charges.

Appears in 5 contracts

Samples: Terms of Service, Terms of Service, Terms of Service

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Right to Rescission. If you are switching to Amigo Xxxx Energy from a different REP, you may rescind this Agreement without penalty at any time before midnight of the third federal business day after receiving this Agreement. PUCT rules permit Amigo Xxxx Energy to assume that you will receive this Agreement three (3) federal business days after we mail it to you. You may complete and deliver to us the Notice of Cancellation, call us or write to us to rescind this Agreement at 713-8301019 or toll-free (000) 000000)-000-0000 and X.X. Xxx 0000 Xxxxxxxxxx Xx. Xxxxx 0000, Xxxxxxx, Xxxxx XX 00000-0000. Right to Cancel Amigo Xxxx Energy may cancel your Agreement if you do not pay your bills in full and on time. We may also cancel this Agreement if we are no longer a REP in your areas or for any other lawful reason, including in response to changing market conditions. Amigo Xxxx Energy will provide you with written notice at least fourteen (14) days prior to cancellation. Customer may cancel this Agreement without penalty in the event Amigo Xxxx Energy can no longer provide service. Customer may also cancel this Agreement without penalty by giving notice of a move to a different premise and providing reasonable proof of such move, including but not limited to a forwarding address. In the absence of such proof, Amigo Xxxx Energy will charge an Early Termination Fee as stated in your EFL. Amounts owed by you to Amigo Xxxx Energy shall become immediately due and payable. Billing & Payment FollowingtheswitchtoAmigoEnergyfromyourcurrentprovider,youmayreceiveabillforlessthanonemonth’sservice.Afterthe Following the switch to Xxxx Energy from your current provider, you may receive a bill for less than one month’s service. After the initial xxxxbill, you will receive a new xxxx bill from Amigo Xxxx Energy each month for each ESI ID for which you are receiving service pursuant to this Agreement. Should you switch providers before the end of your billing cycle you will receive a xxxx bill for a partial month of service for thelastmonth’sservice.the last month’s service. Additionally,AmigoEnergywillbillyouonbehalfofyourTDSPfortheservicestheTDSPprovides.Allbills , Xxxx Energy will bill you on behalf of your TDSP for the services the TDSP provides. All bills are due and payable 16 days from the date on the xxxx bill for service to all ESI IDs. If actual charges are not available to Amigo Xxxx Energy at the time of preparation of your invoice, Amigo Xxxx Energy reserves the right to xxxx bill you on good faith estimates of charges for the month. If estimated charges are included on your invoice, they shall be identified as such and shall be reconciled against actual charges once Amigo Xxxx Energy has received such actual charges.

Appears in 3 contracts

Samples: Terms of Service, Terms of Service, Terms of Service

Right to Rescission. If you are switching to Amigo Energy from a different REP, you may rescind this Agreement without penalty at any time before midnight of the third federal business day after receiving this Agreement. PUCT rules permit Amigo Energy to assume that you will receive this Agreement three (3) federal business days after we mail it to you. You may call us or write to us to rescind this Agreement at (000) 000-0000 and X.X. Xxx 0000, Xxxxxxx, Xxxxx 00000-0000. Right to Cancel Amigo Energy may cancel your Agreement if you do not pay your bills in full and on time. We may also cancel this Agreement if we are no longer a REP in your areas or for any other lawful reason, including in response to changing market conditions. Amigo Energy will provide you with written notice at least fourteen (14) days prior to cancellation. Customer may cancel this Agreement without penalty in the event Amigo Energy can no longer provide service. Customer may also cancel this Agreement without penalty by giving notice of a move to a different premise and providing reasonable proof of such move, including but not limited to a forwarding address. In the absence of such proof, Amigo Energy will charge an Early Termination Fee as stated in your EFL. Amounts owed by you to Amigo Energy shall become immediately due and payable. Billing & Payment FollowingtheswitchtoAmigoEnergyfromyourcurrentprovider,youmayreceiveabillforlessthanonemonth’sservice.Afterthe initial xxxxbill, you will receive a new xxxx bill from Amigo Energy each month for each ESI ID for which you are receiving service pursuant to this Agreement. Should you switch providers before the end of your billing cycle you will receive a xxxx bill for a partial month of service for thelastmonth’sservice.Additionally,AmigoEnergywillbillyouonbehalfofyourTDSPfortheservicestheTDSPprovides.Allbills are due and payable 16 days from the date on the xxxx bill for service to all ESI IDs. If actual charges are not available to Amigo Energy at the time of preparation of your invoice, Amigo Energy reserves the right to xxxx bill you on good faith estimates of charges for the month. If estimated charges are included on your invoice, they shall be identified as such and shall be reconciled against actual charges once Amigo Energy has received such actual charges.

Appears in 1 contract

Samples: Terms of Service

Right to Rescission. If you are switching to Amigo Energy from a different REP, you may rescind this Agreement without penalty at any time before midnight of the third federal business day after receiving this Agreement. PUCT rules permit Amigo Energy to assume that you will receive this Agreement three (3) federal business days after we mail it to you. You may complete and deliver to us the Notice of Cancellation, call us us, or write to us to rescind this Agreement at (000) 000-0000 and X.X. Xxx 0000, Xxxxxxx, Xxxxx 00000-0000. Right to Cancel Amigo Energy may cancel your Agreement if you do not pay your bills in full and on time. We may also cancel this Agreement if we are no longer a REP in your areas or for any other lawful reason, including in response to changing market conditions. Amigo Energy will provide you with written notice at least fourteen (14) days prior to cancellation. Customer may cancel this Agreement without penalty in the event Amigo Energy can no longer provide service. Customer may also cancel this Agreement without penalty by giving notice of a move to a different premise and providing reasonable proof of such move, including but not limited to a forwarding address. In the absence of such proof, Amigo Energy will charge an Early Termination Fee as stated in your EFL. Amounts owed by you to Amigo Energy shall become immediately due and payable. Billing & Payment FollowingtheswitchtoAmigoEnergyfromyourcurrentprovider,youmayreceiveabillforlessthanonemonth’sservice.Afterthe Following the switch to Amigo Energy from your current provider, you may receive a bill for less than one month’s service. After the initial xxxxbill, you will receive a new xxxx bill from Amigo Energy each month for each ESI ID for which you are receiving service pursuant to this Agreement. Should you switch providers before the end of your billing cycle you will receive a xxxx bill for a partial month of service for thelastmonth’sservice.the last month’s service. Additionally,AmigoEnergywillbillyouonbehalfofyourTDSPfortheservicestheTDSPprovides.Allbills , Amigo Energy will bill you on behalf of your TDSP for the services the TDSP provides. All bills are due and payable 16 days from the date on the xxxx bill for service to all ESI IDs. If actual charges are not available to Amigo Energy at the time of preparation of your invoice, Amigo Energy reserves the right to xxxx bill you on good faith estimates of charges for the month. If estimated charges are included on your invoice, they shall be identified as such and shall be reconciled against actual charges once Amigo Energy has received such actual charges.

Appears in 1 contract

Samples: Terms of Service

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Right to Rescission. If you are switching to Amigo Energy from a different REP, you may rescind this Agreement without penalty at any time before midnight of the third federal business day after receiving this Agreement. PUCT rules permit Amigo Energy to assume that you will receive this Agreement three (3) federal business days after we mail it to you. You may call us or write to us to rescind this Agreement at 000-000-0000 or toll-free (000) 000000)-000-0000 and X.X. Xxx 0000, Xxxxxxx, Xxxxx 00000-0000. Right to Cancel Amigo Energy may cancel your Agreement if you do not pay your bills in full and on time. We may also cancel this Agreement if we are no longer a REP in your areas or for any other lawful reason, including in response to changing market conditions. Amigo Energy will provide you with written notice at least fourteen (14) days prior to cancellation. Customer may cancel this Agreement without penalty in the event Amigo Energy can no longer provide service. Customer may also cancel this Agreement without penalty by giving notice of a move to a different premise and providing reasonable proof of such move, including but not limited to a forwarding address. In the absence event of such proofcancellation, Amigo Energy (i) you will charge an Early Termination Fee as stated in have to contact another REP directly to have your EFL. Amounts electric service reconnected and (ii) all amounts owed by you to Amigo Energy shall become immediately due and payable. Early Termination Fee In the event that the Customer cancels service or voluntarily or involuntarily sells, leases, or otherwise transfers a portion of the premises supplied by this Agreement prior to the expiration of this Agreement, Customer will be liable for the lesser of four (4) months or the remaining contract value calculated as the average monthly usage for such customer over the last twelve months times the average Energy Charge for the last twelve months plus the Base Charge, for the remainder of the contract term, had such contract not been terminated, (Early Termination Fee). In the event Customer moves out of the service location and provides a forwarding address and reasonable evidence, that it no longer occupies the location, then Customer shall not be required to pay an Early Termination Fee. Customer acknowledges that the amounts payable pursuant to the preceding sentence are equitable compensation to Amigo Energy, and are intended to reasonably compensate Amigo Energy for the losses which are occasioned by Customer’s failure to honor Customer’s obligations hereunder and that the exact amount of damages would be extremely difficult or impractical to establish. The parties agree that the above calculation is not a penalty but is the appropriate way in which to estimate damages upon cancellation. Billing & Payment FollowingtheswitchtoAmigoEnergyfromyourcurrentprovider,youmayreceiveabillforlessthanonemonth’sservice.Afterthe Following the switch to Amigo Energy from your current provider, you may receive a xxxx for less than one month’s service. After the initial xxxx, you will receive a new xxxx from Amigo Energy each month for each ESI ID for which you are receiving service pursuant to this Agreement. Should you switch providers before the end of your billing cycle you will receive a xxxx for a partial month of service for thelastmonth’sservice.the last month’s service. Additionally,AmigoEnergywillbillyouonbehalfofyourTDSPfortheservicestheTDSPprovides.Allbills , Amigo Energy will xxxx you on behalf of your TDSP for the services the TDSP provides. All bills are due and payable 16 days from the date on the xxxx for service to all ESI IDs. If actual charges are not available to Amigo Energy at the time of preparation of your invoice, Amigo Energy reserves the right to xxxx you on good faith estimates of charges for the month. If estimated charges are included on your invoice, they shall be identified as such and shall be reconciled against actual charges once Amigo Energy has received such actual charges. Additional Charges & Fees Amigo Energy will charge a one-time late payment penalty of 5% for each delinquent month’s charges that remain unpaid after the xxxx due date. Additionally, Amigo Energy will charge 1) a $25 fee for any returned check, electronic fund transfer or credit card transaction not processed due to insufficient funds or credit availability, 2) a $22 disconnection notice fee for issuance of an electric service disconnection notice (this fee will be assessed regardless of whether your electric service is actually disconnected), 3) a $20 reconnection fee in the event that Amigo Energy processes a reconnection transaction on your account. Such fees are in addition to any disconnect/reconnect fees that may be assessed by your TDSP. and 4) For plan specific fees please refer to that plan’s EFL. Acceptance by us of any partial payment from you will not relieve you of your obligation to pay the full amount owed. You will be responsible for any non-recurring fees assessed by the TDSP and/or Amigo Energy associated with requests for move-in or switch, self selected switches, disconnection and reconnection fees, previous billing errors, meter tampering or meter read errors, or other errors or omissions. Payment & Discount Programs In certain circumstances for which Customer must qualify, you may have the right to establish a payment arrangement or deferred payment plan with Amigo Energy. A payment plan allows you to pay your xxxx after the due date, but before the next xxxx is due. A deferred payment plan is an arrangement between Amigo Energy and a Customer that permits the Customer to pay an outstanding xxxx in installments that extend beyond the due date of the next xxxx. Amigo Energy will confirm all deferred payment plans in writing. Amigo Energy offers an Average Billing Plan to give you the convenience of having a predictable monthly xxxx amount. To qualify for the Average Billing Plan, (i) a Customer must not be currently delinquent, or (ii) a residential Customer must be receiving a rate reduction (i.e., a LITE-UP discount). Delinquent Customers (not receiving a LITE-UP discount) should contact Amigo Energy to determine if they qualify for the average billing plan. The average energy charge is calculated by using up to your last twelve (12) months’ kWh usage multiplied by your current price per kWh, divided by twelve (12) months. This amount is added to your estimated monthly TDSP charges, your base monthly charge, and any applicable regulatory charges, assessments and taxes. Additionally, you remain responsible for any non-recurring charges from your TDSP. Periodically, but not less than once each year, Amigo Energy will review your account and calculate a new average xxxx amount accordingly; any overpayment will be credited to your account or refunded to you, and any underpayment will be collected from you in equal installments over the next reconciliation period. You may opt-out of the Average Billing Plan at any time by paying your full balance due and providing written notice of your desire to be removed from the Average Billing Plan to Amigo Energy. The Average Billing Plan does not affect your obligation to pay for all actual usage and other associated charges, taxes and fees. Failure to pay your monthly xxxx on or before the stated due date may result in Amigo Energy proceeding with normal collection activities including the assessment of late fees, disconnection for non-pay, etc. Amigo Energy offers each Customer the opportunity to voluntarily contribute to a xxxx payment assistance program for qualified residential Customers. You may find more information about Amigo Energy's xxxx payment assistance program on your billing statement. Additional information regarding any of the aforementioned programs may be obtained by contacting a Amigo Energy customer service representative at 000-000-0000 (or (000)-000-0000). Default & Disconnection of Service for Nonpayment If you fail to remit payment as specified above in Billing and Payment, Amigo Energy may order the TDSP to disconnect electric service to the premise(s) served under this Agreement. You will be liable to Amigo Energy for all billed amounts and any charges associated with disconnection of service for nonpayment and reconnection. We reserve the right to pursue all legal remedies available to us to collect any amounts lawfully owed. In the event you fail to pay your xxxx in accordance with this Agreement, you agree to pay reasonable collection costs and expenses (including attorney’s fees and third party collection fees) we incur as a result of our attempt to collect any amounts you owe. In the event that you have more than one agreement with Amigo Energy for service to ESI IDs not receiving service under this Agreement, any failure to pay under another agreement with Amigo Energy will constitute a default under this Agreement and shall give Amigo Energy the right to terminate this Agreement and seek any other remedy available to Amigo Energy at law or in equity. Credit Eligibility & Deposits By applying for service, you agree that Amigo Energy may check your business and/or personal credit. Failure to demonstrate satisfactory credit will allow Amigo Energy to require a deposit prior to receiving service. Such deposit shall not exceed an amount equal to two (2) months of the estimated billing for electricity service. A guarantee agreement in lieu of a cash deposit may be used to satisfy the deposit requirements. Additionally, you may be required to pay a deposit once service has begun if you have paid late twice or been disconnected during the previous twelve (12) months. The estimated billing for initial deposits is based on a reasonable estimate of the average usage for the applicable customer class. The deposit shall earn and be paid interest as per PUCT guidelines at the stated PUCT rate. Upon termination of the contract or twenty-four (24) consecutive on-time payments, the deposit, less any money owed, will be returned to the Customer.

Appears in 1 contract

Samples: Terms of Service

Right to Rescission. If you are switching to Amigo Xxxx Energy from a different REP, you may rescind this Agreement without penalty at any time before midnight of the third federal business day after receiving this Agreement. PUCT rules permit Amigo Xxxx Energy to assume that you will receive this Agreement three (3) federal business days after we mail it to you. You may call us or write to us to rescind this Agreement at 713-830- 1019 or toll-free (000) 000000)-000-0000 and X.X. Xxx 0000 Xxxxxxxxxx Xx. Xxxxx 0000, Xxxxxxx, Xxxxx XX 00000-0000. Right to Cancel Amigo Xxxx Energy may cancel your Agreement if you do not pay your bills in full and on time. We may also cancel this Agreement if we are no longer a REP in your areas or for any other lawful reason, including in response to changing market conditions. Amigo Xxxx Energy will provide you with written notice at least fourteen (14) days prior to cancellation. Customer may cancel this Agreement without penalty in the event Amigo Xxxx Energy can no longer provide service. Customer may also cancel this Agreement without penalty by giving notice of a move to a different premise and providing reasonable proof of such move, including but not limited to a forwarding address. In the absence of such proof, Amigo Xxxx Energy will charge an Early Termination Fee as stated in your EFL. Amounts owed by you to Amigo Xxxx Energy shall become immediately due and payable. Billing & Payment FollowingtheswitchtoAmigoEnergyfromyourcurrentproviderFollowingtheswitchtoTaraEnergyfromyourcurrentprovider,youmayreceiveabillforlessthanonemonth’sserviceyoumayreceiveabill forlessthanonemonth’sservice.Afterthe initial xxxx, you will receive a new xxxx from Amigo Xxxx Energy each month for each ESI ID for which you are receiving service pursuant to this Agreement. Should you switch providers before the end of your billing cycle you will receive a xxxx for a partial month of service for thelastmonth’sservicethe lastmonth’s ervice.Additionally,AmigoEnergywillbillyouonbehalfofyourTDSPfortheservicestheTDSPprovidesTaraEnergywillbillyouonbehalfofyourTDSPfortheservicestheTDSPprovides.Allbills are due Allbillsaredue and payable 16 days from the date on the xxxx for service to all ESI IDs. If actual charges are not available to Amigo Xxxx Energy at the time of preparation of your invoice, Amigo Xxxx Energy reserves the right to xxxx you on good faith estimates of charges for the month. If estimated charges are included on your invoice, they shall be identified as such and shall be reconciled against actual charges once Amigo Xxxx Energy has received such actual charges.

Appears in 1 contract

Samples: Terms of Service

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