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Energy Plan Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY

The party identified in the header of your customer Sign-Up Form is a trade name of Sponsor Energy Inc. (“Sponsor Energy”, “Company”, “we”, “our” and “us”). Sponsor Energy is a licensed retailer of electricity (retail license #343969) and natural gas (retail license #343970) in the Province of Alberta.

This Agreement is between Sponsor Energy 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.
The company that wants you to enter into this marketing contract is an independent electricity or gas marketing company, whose rates are not regulated by any provincial or municipal government or agency. This company is not affiliated with the Government of Alberta.
Disclosure Statement to Consumer

Please read this statement before you acknowledge it. Before you enter into a marketing contract for the supply of energy you should understand the following:

  1. This contract is not an electricity or gas utility or government rebate program.
  2. The business named in this contract may not be able to supply energy cheaper than your current utility company.
  3. This contract can be ended only under the following conditions: 
    (a) you have a basic cancellation right described in Section3.1; 
    (b) the legally mandated cooling off period described in Section 3.2; and
    (c) cancellation in the case of a move as described in Section 7.2.
  4. If you move to another location within Alberta you WILL NOT still be responsible to buy energy under this contract.
  5. You may cancel this contract from the day you acknowledge the contract until 10 days after a copy of the contract that you acknowledged is received by the marketer. You do not need a reason to cancel the contract. To cancel the contract, you must give notice of cancellation at the address in the contract. You may give notice of cancellation by any method that will allow you to prove that you gave notice, including mail, fax, e-mail or by personal delivery. Under certain circumstances you may have more than 10 days to cancel the contract.

If you need more information on cancelling the contract, or if you feel you have been treated unfairly, you may contact Service Alberta at 780-427-4088. Outside Edmonton call 1-877-427-4088 toll free.

By agreeing to these Terms and Conditions, you also acknowledge this Disclosure Statement and understand its contents.

1.0 FORMATION OF THE AGREEMENT

Acceptance of the Terms and Conditions of this Agreement shall be deemed to have occurred when you approve the Agreement with any of the following methods:

  • a) You accept the Terms and Conditions as part of enrolling online through our Sign-Up Form (Internet Marketing Contract);
  • b) You sign and return a physical or digital copy of the Agreement (Marketing Contract);
  • c) You receive the completed Agreement and reply with your acceptance and understanding of the terms and conditions as outlined or attached to the email (Marketing Contract), or
  • d) You accept the Terms and Conditions via a phone call with Sponsor Energy or an authorized representative of Sponsor Energy (Telephone Marketing Contract), where such agreement will take place on a recorded line.

You acknowledge that the Terms and Conditions, attached to the email, or otherwise provided in electronic format, constitute an integral part of the Agreement and are legally binding upon acceptance.

The parties agree that, for all legal purposes, an email reply from you providing acceptance of the Terms and Conditions will serve as the equivalent of a handwritten signature. The parties acknowledge and consent to the use of electronic signatures and email correspondence for the formation and execution of this Agreement and any subsequent renewals or approvals.

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 (i) the Administration Charge, (ii) any Late Payment Charge, (iii) all Third-Party Charges, and (iv) the Green Electricity Price (as applicable).

2.0 ELIGIBILITY FOR SERVICE 

2.1 Customer Eligibility

For Sponsor Energy to arrange for the supply of Energy to the Site(s) and to have Energy supplied to the Site(s) throughout the Term, you must:
  1. be authorized to enter into this Agreement;
  2. provide us with your full legal name (and in the case of a corporation, society, or other legal entity, remain in good standing in the jurisdiction in which it is incorporated or otherwise formed);
  3. represent that Sponsor Energy did not induce you to breach a contract with another person;
  4. meet and maintain creditworthiness standards established by Sponsor Energy (which may be changed by Sponsor Energy, in its sole discretion, from time to time during the Term);
  5. provide us with any financial, credit and other information that we may reasonably request from time to time to assess your creditworthiness, and to assess that creditworthiness in accordance with Section 5.3 ; and
  6. if requested by us pursuant to Section 4.9, provide us with a Deposit within 7 of our request.

2.2 Site Eligibility 

In order for Sponsor Energy to arrange for the supply of Energy to the Site(s), each of the requirements below must be met continuously throughout the Term. The Site(s):
  1. must be in the Province of Alberta;
  2. must be connected to the distribution system of a Distribution Company;
  3. cannot be used in connection with any illegal activity;
  4. cannot have a daily, time-of-use or interval meter;
  5. if you are purchasing electricity under this Agreement, cannot:
    a) be located in a self-operating Rural Electrification Association, or the City of Medicine Hat’s service area; or
    b) be a High Use Electricity Site within any rolling 12 month period during the Term; and
  6. if you are purchasing natural gas under this Agreement, cannot:
    a) be located in a Rural Natural Gas Co-Op;
    b) be a municipally-owned natural gas utility that has been enacted by a bylaw; or
    c) be a High Use Natural Gas Site within any rolling 12 month period during the Term.

2.3 Eligibility Disclaimer

Notwithstanding anything to the contrary contained in this Agreement: (i) Sponsor Energy reserves the right to enroll certain persons or locations which do not meet the eligibility requirements set out in this Section 2.0, and may do so in its sole discretion; and (ii) Sponsor Energy has no obligation to enter into this Agreement and reserves the right to refuse to enter into this Agreement with any person or with respect to any location. This Agreement does not take effect until you receive an Energy Plan Confirmation from Sponsor Energy.

3.0 CANCELLATION 

3.1 Your Basic Cancellation Right 

You must provide a minimum of ten (10) business days’ written notice of cancellation. If you do not provide written notice of cancellation, we will not be responsible for any costs incurred by a late drop of your Site(s).

To the extent you choose to terminate a fixed energy product prior to the Product End Date, you may incur an early exit fee as may be described in Section 4.2.6, 4.2.7 and 4.8. The early exit fee that you will be responsible for (if any) is clearly outlined in your Sign-Up Form and in your Energy Plan Confirmation (typically delivered by email). Not all plans have exit fees, please check your plan.

3.2 Cooling Off Period
Provincial law allows you to cancel this Agreement without cost or penalty: 
  1. Within ten (10) days after a copy of this Agreement, acknowledged and accepted by the you (the Customer), is received by Sponsor Energy; or
  2. If a marketing Energy agreement, including an internet marketing Energy agreement, presently exists for the same property, except where the existing marketing Energy agreement is to expire on or before the commencement of this Agreement;
  3. Within one year from the date this Agreement is entered into if Sponsor Energy:
    a) does not set out an ascertainable date on which the energy supply is to begin; or
    b) does not begin the supply of energy within thirty days of the date agreed to by you and Sponsor Energy; or
    c) was not licensed at the time this Agreement was entered into.

3.3 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 date.

4.0 PRICE 

4.1 Price

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.

4.2 Common Terms for All Variable Rate and Fixed Rate Products

  1. The expiry date of the current effective rate for each commodity is displayed on your customer Sign-Up Form. If you do not provide all required information to us in a timely manner, including a valid payment method, then we reserve the right to rescind our offer or void the Agreement prior to enrollment of your Site(s) without notice.
  2. The Energy Charge, Administration Charge, Daily Fee, Contract Fee, Retail Fee and/or Other Charges will be based on the current rates in effect at the time you switch to us and will be outlined on your Sign-Up Form.
  3. All Energy Products have an initial term of five years from the last day of the month preceding the date of sign-up unless otherwise detailed on the Sign-Up Form. For greater clarity: a product listed as a 5 Year Fixed Price will expire on December 31, 2029 if an Agreement was signed during the month of January 2025 regardless of the chosen Start Date.
  4. When the term for a Variable Rate or a Fixed Rate specified in your Energy Plan expires, your account will be automatically renewed as detailed in Section 3.6 – Auto Renewal Terms.
  5. Regulated charges including but not limited to Transmission charges, Distribution charges, municipal fees, and taxes plus any Supplier charges will be added to the standard monthly charges on your bill.
  6. You may exit any Variable Rate product at any time with a minimum of ten (10) business days’ notice without penalty unless otherwise noted on your Sign-up Form.
  7. You may exit any Fixed Rate product at any time with a minimum of ten (10) business days’ notice. An early exit fee may apply for Fixed Rate products. This will be explicitly identified in your Sign-Up form. An early exit is deemed to have occurred if you choose to terminate your Agreement, in whole or in part, prior to the end of the term and prior to the expiry of your current energy rate. Your Sign-Up Form details the amount of your early exit fee(s), if any.
  8. Standard Energy Products are not available to High Use Electricity or High Use Natural Gas Sites. If a Site is discovered by us to be a High Use Site then, at our sole discretion, we can take any of the following actions at any time while the Agreement is active:
    a) modify the Fixed Electricity Rate or Fixed Natural Gas Rate immediately and without notice to the fixed rates available to High Use sites;
    b) add a monthly energy adjustment to future bills to offset the additional cost of providing fixed or variable energy to the High Use Electricity and/or High Use Natural Gas site(s);
    c) continue billing the site on the current Energy Rate; or
    d) terminate the Agreement subject to Section 7.5.2.

4.3 Variable Electricity or Variable Natural Gas Rate

The Variable Electricity Rate (“VEP”) and the Variable Natural Gas Rate (“VNG”) are calculated using the formulas detailed in Section 10.2 (for VEP) and Section 10.4 (for VNG).

4.4 Fixed Electricity Rate Products

  1. If you select our Fixed Electricity Rate, we will honour the rate on your Sign-Up Form for all of your energy consumption throughout the term specified in your Energy Plan, so that your rate will not change over that term unless otherwise agreed to in writing by both you and us.
  2. The cost of electricity consumption on a fixed price electricity product – including products with special discounted rates and volume limits – will be the sum of the electricity Fixed Price Energy Charge plus the electricity Fixed Price Overage Charge (if applicable) during the billing month, those terms are defined and calculated in Section 10.3.

4.5 Fixed Natural Gas Rate Products

  1. If you select a Fixed Natural Gas Rate, we will honour the rate on your Sign-Up Form for all your energy consumption up to the total amount of the volume pre-purchased for you throughout the full fixed price term specified in your Energy Plan. 
  2. When you elect to switch an actively enrolled Site ID to a new Fixed Natural Gas Product, the Fixed Natural Gas Rate will begin on the new Product Start Date. When a customer selects a new Fixed Natural Gas Product for a future site enrollment, then the Fixed Natural Gas Rate will take effect on the later of: a) the Start Date; or b) the 1st of the month following the agreement signed date. Any energy consumed during the period of time between the Start Date and the Product Start Date of the Fixed Natural Gas Rate will be charged our VNG rate.
  3. The total fixed price natural gas pre-purchased for your site(s) will be determined by the historical consumption of the site as provided by the respective Distribution Company’s HUF Data. If HUF Data cannot be obtained for a specific period, an estimated volume will be used based on typical residential load profiles. Consumption volumes may be adjusted by us, at any time without notice, if the HUF Data files are incomplete or volumes are outside of a standard heating load consumption profile.
  4. The cost of natural gas consumption on a fixed price natural gas product will be the sum of the Natural Gas Fixed Charge plus the Natural Gas Fixed Overage (if applicable) plus the Excess/Unused Gas Charge during billing, as defined and calculated ion Section 10.5.

4.6 Special Rate Programs

Sponsor Energy may from time to time offer special rate programs applicable to certain Customers that have subscribed to those programs. Details of those programs are set forth in Article 11.0 [Special Rate Programs].

4.7 Additional Charges

In addition to the Energy Charge, you are responsible for Administration Charges, Supplier Charges, regulated charges including but not limited to Transmission and Distribution, municipal fees, and taxes and any other costs related to the supply of Energy to your Site. We will show such charges on your bill.

4.8 Small Business Liquidated Damages for Early Termination

If you are a business and you choose to terminate your Agreement prior to the end of the five-year term, OR we terminate your Agreement, in whole or in part, due to an event of non-payment by you, then you will be required to pay us the liquidated damages for Early Termination as calculated below. These liquidated damages compensate us for any fixed energy supply hedges we have put in place for you, as well as for our retail and administration fees over the remaining term of the contract, and represent a genuine pre-estimate of the damages we are anticipated to suffer, and are not intended as a penalty.

Small Business Liquidated Damages will be calculated as follows:

Max{((Contract Value + Costs) − Market Value), 0} + ( Anticipated Excess Volume or Unused Volume × Retail Fee)

4.9 Deposit

  1. Depending upon our assessment of your creditworthiness, we may require you to make a deposit with Sponsor Energy (i) before arranging for the supply of Energy to the Site(s); or (ii) at any time during the Term. Any such Deposit may be used to pay for any amounts owing under this Agreement or any other agreement that we may have with you.
  2. The Deposit will be in an amount as may be determined by us in our sole discretion, including if:

    a)you do not have a satisfactory credit rating or credit history, as reasonably determined by us;

    b) you are a business account and have a calculated combined A/R and volume risk greater than the amount reasonably determined and approved by our internal credit and risk department;

    c) you choose a rate that is offered subject to the provision of a Deposit; or

    d) your previous supply of electricity or natural gas was cancelled for non-payment.

  3. The minimum amount of Deposit is based on your credit rating; and/or the selected electricity or natural gas rate; and/or the tariff rate code as assigned to your site by the Distribution Company. If you choose a Variable Rate plan the maximum amount of Deposit will be equivalent to two times the average monthly electricity or natural gas bill. We reserve the right to request an increase of the Deposit if the amount originally collected by us is lower than two times the average monthly electricity or natural gas bill.
  4. The full amount of the Deposit must be debited from your bank account prior to the site enrolment date or, if you choose to switch from a Variable Rate to a Fixed Rate, prior to the start date of a Fixed Rate.
  5. We will pay you an annual simple interest rate of 0.5% on the Deposit, which will be applied as a credit on your account at the time that the Deposit is returned to you.
  6. If we do not receive your normal monthly payment for energy consumed by the due date indicated on the bill, we reserve the right to apply the funds from the Deposit and interest toward the outstanding billed amount and de-enroll the site(s). If the site(s) are de-enrolled, the Deposit may also be applied by us to offset costs incurred for consumption up to the date of de-enrollment as well as any costs incurred due to the early termination of the remaining Fixed Rate energy. After payment of all amounts by you to us any remaining funds including accrued interest will be returned to you.
  7. Return of the Deposit or a portion thereof:
    a) will occur as a credit to an active account after twelve (12) months of excellent and reliable payment history;
    b) will occur as a refund to an inactive account after a final bill has issued with a zero or credit balance, where all meter readings up to the date of de-enrollment have been invoiced. Refunds are made by Interac e-transfer. If Interac e-transfer is not available, we reserve the right to provide any applicable Refund to you by the method of our choice.

4.10 Paper Bill Fee

If you request a paper bill, a CDN$5.00 fee will be added to your monthly bill to cover our cost for processing and mailing.

4.11 Payment Plan Fee

If you request a payment arrangement, delaying any portion of your payment after the Due Date, a CDN$3.00 fee will be added to your monthly bill to cover our costs.

5.0 CONDITIONS

5.1 Start Date 

We will begin supply of energy on the Enrolment 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 Start Date you have chosen and the Distribution Company’s ability to enroll your site(s). 

5.2 Conditions of Supply 

Before we arrange for the supply of Energy to your Site, and before this Agreement comes into effect:

  1. You must meet our credit requirements; 
  2. You must provide us with an accurate address(es) or Site ID(s). If you provide us with an address or Site ID that is incorrect, you are responsible for the costs associated with supplying energy to the erroneously enrolled site(s) until such time as the error is identified and the site(s) are dropped from your account.
  3. You authorize us to request, and we must be able to obtain, HUF Data and/or invoicing data for your Site(s) from your previous retailer or the Distribution Company(ies) at any time after execution of this Agreement; and
  4. The Distribution Company must enroll your site(s) upon our request 

5.3 Credit Requirements 

By signing this Agreement, you authorize Sponsor Energy to perform a soft credit inquiry on the legal entity listed in the Sign-up Form as Customer or on the signing authority for Customer (the “Credit Entity”) with the credit reporting agencies (“Credit Inquiry”) to evaluate your credit history as part of the application process for our service. This inquiry is used to determine payment and service eligibility, but it will not affect your credit score. In the event that satisfactory credit information cannot be found, you agree to provide us with and authorize us to request and receive from third parties reasonable financial and credit information on the Credit Entity. You agree to maintain credit worthiness satisfactory to Sponsor Energy at all times and authorize Sponsor Energy to perform a Credit Inquiry at any time 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.

5.4 Appointing Us as Your Agent 

  1. By entering into this Agreement, you appoint Sponsor Energy as your limited agent to deal with third parties for all purposes relating to the supply and delivery of Energy for the purposes of this Agreement and for the termination of any prior agreement. This agency ends when Sponsor Energy has fulfilled its obligations under this Agreement. We will act as your agent only for purposes directly related to this Agreement.
  2. Under Rule 010 of the Alberta Utilities Commission, by signing this Agreement, you hereby authorize and provide your consent, at no cost to you, for us or the Supplier as your representative to request and obtain HUF Data from the Distribution Company that provides electricity or natural gas distribution services to your site address.
  3. You agree that we are not your financial adviser and therefore have no liability for the choices you make with respect to your Energy Plan.
  4. By signing this Agreement, you hereby authorize and provide your consent, at no cost to you, for us or the Supplier, to act as your representative to request and obtain any information related to your Account from any prior Retailers, Suppliers, Energy Marketers or Energy Billing Providers, including but not limited to, Account Information, Site ID Numbers, Energy Consumption History, Billing and Payment History, Contact Information and any bank account or credit card numbers and information.
  5. 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, 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 and disclosure of any of your personally identifiable information will always be in compliance with our Privacy Policy at sponsorenergy.com. 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.

5.5 RENEWAL and AUTO-RENEWAL TERMS

1. When the Initial Term is about to expire, we may, at our sole discretion, provide you with notice of our intent to renew this Agreement at least 30 days prior to the expiration of this Agreement.

2. If we continue this Agreement with you, your new Energy Plan for the Renewal (each a “Renewal” or “Renewal Term” or “Renewal”) for the applicable Site(s) will be based on our current published product and plan offerings, and will be as follows:
 
  • a. For expiring variable electricity plans, our variable electricity plan for a term of five (5) years. There is no exit fee for this plan. 
  • b. For expiring fixed electricity plans, our lowest priced fixed electricity plan with a minimum term length of three (3) years and a maximum term of five (5) years. There is no exit fee for this plan. 
  • c. For expiring fixed and variable natural gas plans, our variable natural gas plan for a term of five (5) years. There is no exit fee for this plan. 

3. This Agreement’s Terms and Conditions will still apply for your Renewal, but the term and price you pay for electricity and/ or natural gas will be based on those for your Renewal product(s) and in addition to the Energy Rate may also include Administration Charges, Retail Fees, Contract Fees, Third Party Charges, Supplier Charges or any combination of these charges. The other provisions of this Agreement will also still apply unless we notify you otherwise. 

4. At the end of the Renewal term, these terms and conditions may be used by us to again continue this Agreement by creating another Renewal for your applicable Site(s). 

5. If you provide notice at least ten days prior to the commencement of your Renewal, your Agreement will be canceled on your expiry date for the applicable Site(s). You agree that this Agreement will continue to be in effect in respect of the applicable Site for the Renewal if you do not give proper notice of cancelation or deletion of the applicable Site(s). 

Please remember that you always have the option to cancel this Agreement including during any subsequent Renewal Term per the terms and conditions.

6.0 BILLING AND PAYMENT

6.1 Budget Billing

The budget billing plan is a built-in payment plan to help you manage your energy costs by ensuring your costs are predictable. 

Budget Billing sets you up with equalized payments for your utilities based on your previous usage and is a convenient way to budget for your utility expenses. Your budget billing amount is based on your annual average historical consumption for your electricity and/or gas site(s) and incorporates your current product pricing. 

At the end of the year, we will true-up the amount of energy you used with the amount you paid for during the year. If you paid more than your total billing for the year, you are eligible for a refund and/or credit on your next bill. If you paid less than your total billing for the year, you will be billed for the additional amount at the next billing period. 

The budget billing program is a monthly program but may be available as a weekly program upon request. 

You will receive an email from us outlining your budget billing plan payment. If you are on weekly budget billing, you may choose the day of the week you would like the payment to be taken, from Monday to Friday. If you are on monthly budget billing, you may choose the day of the month you would like the payment to be taken. You must provide us with a pre-authorized payment method for budget billing – either debit or credit card. We will use the pre- authorized payment method you have provided to us to process these payments. 

To the extent you have insufficient funds to address a payment, we will increase your next payment to rectify the unpaid amount. 

Once a month you will receive an account statement which will provide you with an overview of the balance on your account at that time. 

6.2 Regular Monthly Billing 

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. It is your responsibility to ensure that we have the most up-to-date contact information – including email address – for your account.

Your billing statement will be processed monthly, the timing will generally follow the meter read cycle adopted by the Distribution Company. Your payment due date will be highlighted for you on your bill. The exact date of your payment due date may vary from month to month. 

You are responsible for paying all bills in connection with this Agreement, even those we issue 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 an interruption in postal service, a billing email that is not received 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.

6.3 Payment By Pre-Authorized Debit or Pre-Authorized Credit Card 

  1. The full amount of your monthly bill will be scheduled and withdrawn by pre-authorized debit (PAD) or pre-authorized credit card (PACC) on the Due Date listed on the monthly bill, typically seven days after your invoice is issued. By accepting this Agreement, you also accept these payment terms and timelines.
  2. If Sponsor Energy agrees to payment of any amounts by credit card, a 2.4% processing fee will be added to the amount payable at the time of processing and charged to your account on a subsequent bill. 
  3. By providing Sponsor Energy with your banking information, you authorize Sponsor Energy to withdraw from your bank account at the branch of the financial institution where you maintain an account. In the alternative, if you provide Sponsor Energy with your credit card information, you authorize Sponsor Energy to charge your credit card based on the information you have provided to us. 
  4. You acknowledge this authorization is provided for the benefit of Sponsor Energy and your financial or lending institution and is provided in consideration of such institution agreeing to process payments and charges against your account in accordance with the rules of the Canadian Payments Association; 
  5. You acknowledge that you have read and understand the full PAD terms and conditions located in Appendix A of this agreement and that you will abide by those terms and conditions. 

6.4 Estimated and Actual Consumption 

The portion of your bill related to consumption is based on the actual and estimated metered Electricity or Natural Gas consumption data provided by the Distribution Company, Electricity and Natural Gas consumption estimates, or consumption data provided by other suppliers.

We also may make estimates if actual data is not available from the Distribution Company or any other supplier for the billing period. Your bill may be debited or credited as the Distribution Company or we adjust prior period estimates to actual values. 

6.5 Late Payments 

If we do not receive your payment in full by the due date specified on your bill, 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 bill 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 minimum charge to you of $30.00 or such higher amount as may be warranted by incremental charges imposed upon Sponsor Energy by your financial or lending institution with respect to such returned payment. For greater clarity, this fee applies to both pre-authorized debit and pre-authorized credit transactions. 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.

6.6 Questions about your Bill

We ask that you bring any questions, discrepancies or disputes about your bill to Sponsor Energy’s attention as soon as possible. Your bill must be paid in full by the due date while any such questions, discrepancies or disputes are being addressed by Sponsor Energy.

You may dispute a bill up to thirty (30) days following the receipt of a bill. You are provided with an Energy Plan Confirmation sign-up that highlights your address, site ID(s), products and rates. It is your responsibility to review this Energy Plan Confirmation as well as your bills, and to ensure you are being billed on the correct rate and address/Site ID, and in the event of an issue, to notify us of any errors as soon as possible.

If, after the Term all amounts owed by you have been paid under this Agreement and any other agreement between you and Sponsor Energy, there is a credit balance of $5.00 or more on your account, you will be issued a cheque or other payment in the amount of the credit balance. If the credit balance is less than $5.00, any such amount will not be refunded to you.

7.0 CHANGES TO SUPPLY AND TERMINATING THE AGREEMENT

7.1. Changes to this Agreement

We reserve the right to change, modify, add or remove portions of this Agreement (including, the Administration Charge, Retail Fee and any Contract Fees) at any time and at our sole discretion. Before doing so, however, we will provide you with notice of the change, and you agree that we can provide such notice as part of: (a) the email accompanying your monthly invoice, (b) your bill message, delivered within your monthly invoice, or (c) a separate and distinct email to the email address we have on your account; and that any of these forms of notice will be deemed to be properly delivered to you.

Any such changes will be effective as of the later of (a) the date of your next invoice, or (b) 30 days following the date that the notice is given. The most up-to-date terms and conditions are always accessible by you on our website at sponsorenergy.com by clicking on the “Terms and Conditions” hyperlink.

7.2 Moving 

  1. You must give us at least ten (10) business days written notice before you move. Any costs related to interruption in supply of Electricity or Natural Gas or other services caused by your failure to give us ten (10) business days written notice and any additional costs either of us incur in serving the new location will be your responsibility. 
  2. If the new location is within a territory we serve and you wish to have Sponsor Energy provide service at that new location, you must complete a move request through the online customer portal or by contacting our customer call centre directly. 
  3. If you move outside of Alberta or to a territory we do not serve, the Energy Agreement will end on the date of de-enrollment, and you will remain responsible for any outstanding obligations under this Agreement until satisfied in full. 

7.3 Transferring this Agreement 

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 pre-authorized payment information will be provided by us to the Supplier. 

7.4 De-Enrollment and Outstanding Obligations 

When this Agreement is terminated by the Customer or Sponsor Energy for any reason, we will ask your Distributor to de-enroll your site on the earliest of the requested end date or last Product End Date. 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 full. 

7.5 Our Termination Rights 

  1. We may cancel all or a portion of the Agreement without penalty immediately on notice to you if:

    a) you do not (i) satisfy the eligibility requirements in Section 2.0; or (ii) fulfill all of your obligations under this Agreement or any other agreement that we may have with you;

    b) the Distribution Company is unable or chooses not to: (i) enroll the Site(s); or (ii) designate Sponsor Energy as your retailer;

    c) you do anything that prevents us from arranging for the supply of Energy to the Site(s);

    d) you do anything that prevents the Distribution Company from supplying Energy to the Site(s);

  2. We may cancel all of a portion of the Agreement on 30 days’ notice to you, without penalty, if:

    a) your energy is measured with a daily, time-of-use or interval meter or you have a High Use Electricity site or a High Use Natural Gas Site or the pattern of energy use at your Site in the previous 12 month period reasonably indicates that you will exceed more than 250,000 kWh of Electricity or 2,500 GJ of Natural Gas in a twelve-month period; or

    b) a change in law prevents us from arranging for the supply of Energy to the Site(s) or results in additional costs to us that we are not able to recover from you under this Agreement. If this Agreement or any portion of it ends as a result of a change in law, you are responsible for any outstanding obligations under the cancelled Agreement

  3. We reserve the right to cancel all or a portion of this agreement and terminate service at our discretion with proper notice.
     
  4. In the case where you exhibit abusive behaviour towards any of our staff, be it in writing, by phone or in person, we reserve the right to immediately cancel your agreement and terminate service. You will still be required to pay any amounts owing for consumption up to the termination date and any termination fees (including early exit fees). 

Note that the above termination rights of Sponsor Energy may (at Sponsor Energy’s discretion) relate to the provision of electricity, natural gas, or both, to the Site(s).

7.6 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, upon your request. The refund will be issued via Interac e-transfer and sent to the current email address on file at the time of processing the refund payment. If there is a credit on your account in the amount five dollars (CDN$5.00) or less, the account will be closed, and no refund will be issued.

8.0 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.

9.0 OTHER DUTIES AND RESPONSIBILITIES

9.1 Limitation of Responsibilities 
Sponsor Energy does not control and is not responsible for the physical systems and infrastructure used to supply Energy, the continuity of your Energy supply, or the quality of your Energy (generation, transmission, wires services, voltage and frequency of electricity and pressure and flow of natural gas). Others, including the Distribution Company, control these items 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.
Under no circumstances whatsoever will Sponsor Energy be liable for:
  • A) Any interruption or unavailability of Energy;
  • B) The quality of the Energy;
  • C) Any act or omission of any third party (including the Distribution Company);
  • D) Your conduct, acts or omissions; or
  • E) Any event beyond the reasonable control of Sponsor Energy, including any acts of God, inclement weather (including lightning), power failures, labour disputes, riots or civil disputes, war or armed conflict, and any law, governmental order, decision or regulation, or order of any court of competent jurisdiction.

We are only responsible for damage caused directly and solely by our actions and the actions of those for whom we are responsible at law.

Notwithstanding anything to the contrary contained in these terms and conditions, under no circumstances shall Sponsor Energy, its affiliates, or any of their respective directors, officers, employees, and agents be liable to you or to any third party under this agreement for any punitive, indirect, special, or consequential damages, nor for any loss of revenue, loss of profits, loss of savings, loss of earnings, loss of contracts, loss of business opportunities, even if we have been advised of their possible existence and howsoever characterized. This provision survives cancellation, termination or expiry of this Agreement.
9.2 Privacy 

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, Billing Services Provider 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 9.2 and in accordance with the terms of our Privacy Policy, which can be found on our website at sponsorenergy.com. If you have questions or concerns about how your information is protected, please contact us at the address shown in Section 9.3.

9.3 Notices and Customer Contact Information 

  1. If you wish to take action under this Agreement, including providing cancellation notice or updating your Contact Information, you must do so in writing or by using the self-serve options available within the customer portal. 
  2. You can only change your name as a party to this Agreement if it is in connection with a valid legal name change. 
  3. We will provide you with written notice (based on your most current email address on file) of any changes or significant actions we take under this Agreement. You agree that the written notice may be made on your bill, included with your bill, mailed to your service address, sent by email to your current email address on file or sent via text messages or SMS (Short Message Service.) 
  4. You agree and provide express consent that we may send you market-related information to your email address on file from time to time. You will have the choice of opting out from such communications. 
  5. You agree that, for the purposes of sending notices related to billing, marketing, or other matters pertaining to this Agreement, we are permitted to send text messages or SMS (Short Message Service) notifications to the Customer's mobile phone number provided by the Customer. The Parties acknowledge and consent to the use of text messages or SMS as a valid means of communication for such notices from Sponsor Energy to the Customer. 
  6. You are responsible for ensuring we have a current record of your Contact Information and your email address. We are not responsible for any loss you suffer from not receiving a notice because we didn’t have your most current Contact Information or email address or due to an email being rejected or blocked by your email provider.
  7. For further information or to provide notice to us, please contact us at:

Email: customercare@sponsorenergy.com
Mail:1740 10th Street SW, Calgary AB, T2T 3E8
Phone: (855) 545-1160 

9.4 General

  1. Entire Agreement: This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the provision of Energy at the Site(s); and there are no representations, warranties, covenants, agreements or collateral understandings, oral or otherwise, expressed or implied, affecting this Agreement which are not expressly set forth in this Agreement. For the avoidance of doubt, in the event that you initially enter into this Agreement for the provision of one form of Energy (i.e. natural gas or electricity) at the Site(s), any subsequent agreement that you enter into with Sponsor Energy for the provision of the other form of Energy to the Site(s) shall not supersede or cancel this initial Agreement.
  2. Waiver and Remedies: No failure or delay exercising 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 seek.
  3. Fixing Legal Problems with this Agreement: 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.
  4. Headings/Gender: The headings of all articles or sections are inserted for convenience of reference only and shall not affect the construction or interpretation of this Agreement. Except where the context otherwise indicates, words importing the singular number only shall include the plural, and vice versa, and words importing the masculine gender shall include the feminine gender.

9.5 Governing Law

The validity, interpretation, construction and performance of this Agreement shall be governed by the laws in force in the Province of Alberta (without reference to any conflict of laws principles that might result in the application of the laws of another jurisdiction). The competent courts in the Province of Alberta shall have the exclusive jurisdiction over all disputes relating to this Agreement. Each of the parties hereto irrevocably attorns and consents to the jurisdiction of such courts.
To the extent permitted by applicable law, you agree to waive any right you may have to commence or participate in any class action against Sponsor Energy related to any claim where such waiver is permitted. Where applicable, you also agree to opt out of any class proceedings against Sponsor Energy.
9.6 Additional Contact Person 

You may add another individual to your account who, in addition to yourself, may make decisions, provide information, or give directions regarding your account. You agree that Sponsor Energy may fully rely on that person and that you will be bound by their decisions, information and directions provided to Sponsor Energy. This can include contacting us to discuss the bill, making decisions about electricity or natural gas rates or update banking, credit card or personal information (such as email address etc.). The Contact Person may not open or close an account in your name but is authorized to add or remove Site(s) within your account. The Contact Person’s name will not be displayed on the bill but will be noted in our records. You may revoke this person’s authority over your account by providing us with appropriate notice at any time. To add an Additional Contact Person to your account, please visit the self-serve process in the online customer portal or call or email us at the address shown in Section 9.3.

9.7 Authority 

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.

10.0 DEFINITIONS

10.1 General

Whenever used in this Agreement, the following words and terms will have the meanings set below. Additional definitions are contained in the body of these Terms and Conditions. Please note that definitions relating to (i) Electricity Products – Variable Rate are contained in Section 10.2; (ii) Electricity Products – Fixed Rate are contained in Section 10.3; (iii) Natural Gas Products – Variable Rate are contained in Section 10.4; and (iv) Natural Gas Products – Fixed Rate are contained in Section 10.5.
Term
Definition
Administration Charge (or Admin Fee)
the amount as detailed on your Sign-Up Form that we charge for arranging for the provision of Energy to your Site(s) and other associated administrative services and may be written as a monthly, daily or pre-bill amount.
AESO Settlement Charges
post-final load settlement adjustments charged to Sponsor Energy by the Alberta Electric System Operator in accordance with Alberta Utilities Commission Rule 021.
Agreement
these Terms and Conditions together with the accompanying Sign-Up Form, your Energy Plan Confirmation and any attached schedules or renewal documents.
Absolute Value
any numbers or text representing a number or calculation contained within two vertical bars is the non-negative value of the number or calculation result without regard to its sign. Example: | x | = x and | -x | = x
Billing Service Provider
the individual or company, including their employees or appointed representatives, who provide any services related to a customer signup, site activities (enrollments, drops, etc.), communication with Suppliers, retailers, distribution companies or provide billing or payment services to Sponsor Energy
Cancellation Date
the date that the cancellation of this Agreement becomes effective
Contact Information
your name, address, email address, title and phone number(s).
Contract Fee (“Retail Fee” or “Contract Charge” or “Daily Charge”)
if applicable, means the fee(s) specified on your Sign-Up Form and your Energy Plan Confirmation payable: (i) per unit of Energy that you consume as part of your Variable Natural Gas Price or Variable Electricity Price (if applicable), (ii) as a Daily Fee, or (iii) as a flat amount charged on each bill. We may change this fee from time to time in accordance with Section 7.1 and according to the notice provisions in Section 9.3.
Daily Fee
the service fee specified on your Sign-Up Form and your Energy Plan Confirmation payable per day that you consume energy as part of your Fixed or Variable Natural Gas Price and/or your Fixed or Variable Electricity Price. We may change this fee from time to time in accordance Section 7.1 and according to the notice provisions in Section 9.3
Deposit
a security deposit that may be taken by us in accordance with Section 4.9.
Distribution Company
the entity that operates the natural gas or electricity distribution system as applicable for your Site(s), as may be amended from time to time.
Distribution System
the Distribution Company’s infrastructure used to deliver Energy to the Site(s).
Early Exit
where you choose to terminate the Agreement prior to the completion of the latest Product End Date on the Agreement and prior to the expiry of your current effective rate. Early Exit fees (if any) are listed on your Sign-Up Form.
Energy
the natural gas, electricity, or both, to be supplied to you under this Agreement.
Energy Charge
the cost of Energy consumed, based on, as applicable, (i) a Variable Electricity Rate (which includes a Retail Fee) or a Fixed Electricity Price; or (ii) Variable Natural Gas Price (which includes a Retail Fee) or a Fixed Natural Gas Price; or (iii) a combination of both
Energy Plan
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
the electronic confirmation sent to you by Sponsor Energy that, among other things: (i) confirms your Energy Plan; and (ii) describes any incentives or other benefits that we may provide to you.
Enrollment Date
the date that the Site(s) is enrolled by the Distribution Company at Sponsor Energy’s request.
Fixed Electricity Rate
the applicable fixed price per unit of electricity as stated on your Sign-Up Form that is applied to the monthly fixed price consumption volume
Fixed Gas Start Date
the Contract Start Date later of (i) the natural gas site Enrollment Date, or (ii) the first day of the month following the date you signed this Agreement. When you elect to switch an actively enrolled Site ID to a new Fixed Natural Gas Product, the Fixed Natural Gas Rate will begin on the Start Date of the new Contract Term. When you select a new Fixed Natural Gas Product for a future site enrollment, then the Fixed Natural Gas Rate will take effect on the later of: a) the Contract Start Date; or b) the 1st of the month following the agreement signed date.
Fixed Natural Gas Rate
the applicable fixed price per unit of natural gas as stated on your Sign-Up Form that is applied to the monthly fixed price volumes (“Fixed Price Gas”). Monthly Consumption in excess of monthly Fixed Price Gas (“Excess Gas”) will be purchased at the Variable Gas Rate plus a fee. Fixed Price Gas volume exceeding your Monthly Consumption (“Unused Gas”) will be sold at the Variable Gas Rate plus a fee. 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.
Fixed Rate Product
any electricity or natural gas energy product that includes a fixed rate price for any portion of the site energy consumption. Fixed Rate Products can be listed as a fixed rate per kWh, fixed rate per GJ, flat monthly charge for energy, a daily charge for energy or as any combination of these products applied against the energy consumption.
Flat Monthly Fee
the fixed monthly charge that applies to each calendar month for the duration of the Afford-A-Bill term. The Flat Monthly Fee for an electricity or natural gas product is listed on your Sign-Up Form if applicable.
Green Electricity Price
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 consume or as a flat monthly or daily rate).
High Use Electricity Site
any electricity site that is daily metered, time of use or interval metered sites or any electricity sites consuming over 250,000 kWh/year or can be reasonably assumed to consume over 250,000 kWh/year or otherwise designated as a high volume site by the distribution company rate codes.
High Use Natural Gas Site
a natural gas site that is daily metered, time of use or sites consuming over 2,500 GJs/year or can be reasonably assumed to consume over 2,500 GJ/year or otherwise designated as a high-volume site by the distribution company through their rate codes.
HUF Data
the historical usage data obtained by and/or provided by a Distribution Company, often referred to as a “Historical Usage File”.
“including” or “includes”
is not intended to be exclusive and in all cases refers to including (or includes) without limitation.
Initial Term
5 years for all products unless otherwise specified on the Sign-Up Form.
Late Payment Charge
is defined in Section 6.5
Micro-Gen Regulations
Is defined in Section 11.2.1.
Monthly Meter Read
Each cumulative meter is read (typically monthly) by the Distribution Company. The difference between one read and the next is referred to as Monthly Consumption. For meters that are read more frequently, the difference is calculated based on the consumption for the duration of one standard month period.
Monthly Consumption Usage and Billing
as it is impossible to read every meter in the province on the last day of the month, each Distribution Company reads meters progressively during the month, typically breaking the month into 20 cycles. Given that, meter reads generally cross from one month into the next (example: February 13th to March 12th).
Product End Date
the end date of a specific Energy Plan for a unique Site ID under the Agreement.
Product Start Date
the start date of a specific Energy Plan for a unique Site ID under the Agreement.
Renewal Term
is defined in Section 5.5
Retail Fee Unit Rate (“Retail Fee” or “RF”)
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 7.3.
Rural Electrification Association
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
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.
Sign Up Form
the internet form completed by the Customer to subscribe for the services by Sponsor Energy contemplated by this Agreement.
Site(s)
the home, business or other location identified in your Energy Plan Confirmation where we will supply Energy under this Agreement. (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 different Sites),
Site Identification Number (“Site ID”)
the 13-digit unique identifier that represents a unique end-use service delivery point assigned by a Distribution Company.
Small Micro-Generator
a Customer who generates electricity from a micro-generation generating unit with a total nameplate capacity of less than 150 kW and that is net billed using a bi-directional cumulative meter, but does not include a customer whose micro-generation is deemed to be large micro-generation pursuant to section 3(4) or (5)(a) of the Micro-Gen Regulation.
Start Date
the date you first receive Energy under this Agreement
Supplier
the supplier of Energy and Sponsor Energy’s facilitator of Distribution Company delivery services as the retailer of record for the Sites.
Supplier Charge
charges payable for electricity and natural gas which represents any direct costs associated with arranging electricity and/or natural gas supply for your Site which may include fees, interest, prudential costs, Losses, UFE, UFG or other costs charged by the energy Supplier.
Taxes
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
the Initial Term together with any Renewal Term(s)
Terms and Conditions
these terms and conditions
Third Party Charges
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) UFE Related Charges; (x) AESO Settlement Charges, (xi) electricity Line Loss related charges; (xii) delivery charges; (xiii) taxes; and (xiv) any similar or comparable charges.
UFE-Related Charges
the charges that apply to both the Fixed Electricity Price and the Variable Electricity Price and is calculated by multiplying your UFE by the sum of the AESO Hourly Index price plus the Retail Fee.
UFG-Related Charges
the charges that apply to both the Fixed 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.

10.2 Electricity Products – Variable Rate

Variable Electricity Rate (“VEP”): means the load-weighted average flow-through of the wholesale market price for electricity plus other charges as detailed below. Your Variable Electricity Rate will change each month and includes the 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. 

VEP is calculated as follows:
For_1
Where:
  • h : Hour Ending
  • n : the number of hours in a billing calculation period
  • ECONSh: means the total consumption during any given hour (n) using the formula: HCh + LLh + UFEh
  • 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(es) as 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 an electricity price adjustment to reflect difference between metered and settled costs including interim, final and post final adjustments incurred by the Supplier for Site energy purchases from the AESO;
  • RFE: means the Retail Fee, payable per kWh for electricity provided to you through our services and detailed on your Sign-Up Form.
  • SCE: means the Supplier Charge, payable as a rate per kWh consumed.
  • EMTC: means the energy market trading charge as published by the AESO;

10.3 Electricity Products – Fixed Rate

Fixed Price Standard Rate (or Fixed Price Excess Rate): means the applicable fixed price per unit of electricity as stated on your Sign-Up Form, that is applied to the monthly fixed price consumption volume that is in excess of the Fixed Price Special Volume. 

Fixed Price Special Rate (or Fixed Price Discount Rate): means the applicable fixed price per unit of electricity as stated on your Sign-Up Form that is applied to the Fixed Price Special Volume. 

Special Discount Rate (SDR): an alternative term that has the same meaning as Fixed Price Special Rate. 

Special Monthly Rate Limit (SRL): is the total calendar monthly volume limit as stated on your Sign-Up Form that has a Fixed Price Special Rate applied as an even daily volume for each calendar day of a meter reading. If there is no SRL identified in your Energy Plan or on your Sign-Up Form then the SRL will equal 0.00 kWhs. For greater clarity, a contract term that states that an electricity product receives a ‘SDR on volumes up to 900 kWhs/calendar month (applied as daily volume)’ then the SRL in this product will be 900 kWhs. 

Fixed Electricity Daily Cap Volume (FEC): means the even daily volume limit calculated using the monthly SRL divided by the number of calendar days in the month. If there is no SRL limit on the Sign-Up Form for the applicable product, then the FEC is 0.00 kWhs/day. 

𝐹𝐸𝐶 =𝑆𝑝𝑒𝑐𝑖𝑎𝑙 𝑀𝑜𝑛𝑡ℎ𝑙𝑦 𝑅𝑎𝑡𝑒 𝐿𝑖𝑚𝑖𝑡/𝐶𝑎𝑙𝑒𝑛𝑑𝑎𝑟 𝑀𝑜𝑛𝑡ℎ𝑙𝑦 𝑑𝑎𝑦𝑠

For greater clarity, if the monthly Special Rate Volume limit is 900 kWhs per month, then the FEC for each consumption day in April would be calculated as follows:

𝐹𝐸𝐶 =900𝑘𝑊ℎ𝑠/30 𝑑𝑎𝑦𝑠 =30.0 𝑘𝑊ℎ𝑠/𝑑𝑎𝑦

Fixed Price Special Volume (FPSV): is the total volume of energy consumed during each calendar day of a billing period up to the daily FEC limit. 
F2
  • ECONSd: means the daily electricity consumption by taking the total individual meter reading consumption volume for a Site ID and dividing it by the total consumption days for that meter reading. 

 Fixed Price Overage Volume (“FPOV”): is the total volume of all energy consumed during each calendar day above the FEC limit that will have the Fixed Price Standard Rate applied. The FPOV calculated as follows:
F3
Fixed Price Overage Charge (“FPOC”): is the total charge for the Fixed Price Volume multiplied by the Fixed Price Standard Rate which equals: 

FPOC = FPOV x Fixed Price Standard Rate 

Fixed Price Energy Charge (“FPEC”): is the total charge for the Fixed Price Special Volume multiplied by the Fixed Electricity Special Rate which equals: 

FPEC = FPSV x Fixed Electricity Special Rate 

Fixed Charge: if a Site ID is contracted for a Fixed Price Special Rate and a Special Monthly Rate Limit then the Fixed Charge is the total FPEC for the billing period. If there is no Fixed Price Special Rate and no Special Monthly Rate Limit then this billing item will be the total of the FPOC and FPEC and displayed as the ‘Fixed Charge’ on the customer monthly bill. 

Fixed Charge Overage: if a Site ID is contracted for a Fixed Price Special Rate and a Special Monthly Rate Limit then the Fixed Charge Overage is the total FPOC for a billing period may be displayed as the ‘Fixed Charge Overage’ or ‘Tier 2’ line item on the customer monthly bill.  

10.4 Natural Gas Products  – Variable Rate

Variable Natural Gas Rate (VNG): means 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, and other Supplier Charges directly related with the purchase of natural gas volumes from the Supplier for the Site(s). Variable Natural Gas Rate is calculated as follows: 
p4
where: 
  • d : Days in the period or calendar month 
  • n : the number of days in a billing calculation period 
  • GCONS: means daily natural gas consumption in GJs as determined by the Distributor; 
  • Natural Gas Daily Index Price (“NGDI”): means the NGX AB-NIT line 5A as published by Canadian Gas Reporter, per GJ, for each day in the billing cycle. In the event that the NGX AB- NIT line 5A price is unavailable, Sponsor Energy reserves the right to appoint an alternative Natural Gas Price Index; 
  • 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. 
  • PAG: means a natural gas price adjustment to reflect difference between metered and settled costs including consumption profile, interim, final and post final adjustments incurred by the Supplier for Site energy purchases. 
  • CONS: means total natural gas consumption in GJs as determined by the Distributor. 
  • RFG: means the Retail Fee, payable per GJ for natural gas provided to you through our services and detailed on your Sign-Up Form. 
  • SCG: means the Supplier Charge, payable per GJ consumed 

10.5 Natural Gas Products  – Fixed Rate

Monthly Fixed Gas Volume: means the calendar monthly fixed volume that is pre-purchased for you for each calendar month for the full Contract Term. using the fixed percentage in this Agreement valid at the time of signup. The Monthly Fixed Gas Volume is calculated by multiplying the calendar monthly HU of the Site ID by the Fixed Percentage found in this Agreement valid at the time of signup of. The current fixed percentage (“Fixed Percentage”) is 90% 

Fixed Daily Volume (FDV): means the daily volume of pre-purchased fixed natural gas calculated daily as the Monthly Fixed Gas Volume for each calendar month divided by the number of calendar days in the month. Each calendar month will have a unique FDV based on the number of calendar days in the month. 

For greater clarity, if the HU April value at a site is 18.0 GJs then the FDV for each day in April would be calculated as follows: FDV = (18.0GJs × 0.90)/ 30 days = 0.540 GJs /day. 

Fixed Gas Cap Volume (“FGCV”): is the maximum monthly volume limit in GJs, that is allowed at a special offer Fixed Natural Gas Rate, divided by the number of days in each Calendar month and applied as a daily volume limit in GJ/day for each day of consumption within the calendar month. The FGCV monthly volume limit can be found on your Sign-Up Form. If there is no FGCV volume limit on your fixed gas product then the FGCV will equal the FDV.

Fixed Price Overage Volume (“FOV”): is all daily fixed volume that is above the FGCV and below the FDV. If the daily FDV is less than or equal to the daily FGCV then the daily FOV will equal 0 GJs. The daily FOV will be calculated using the following formula: 
F1
Excess Natural Gas Volume (“EGV”): is the daily natural gas consumption in GJs that is greater than the FDV. If the daily natural gas consumption is less than the FDV then the EGV will equal 0 GJs. 

Unused Natural Gas Volume (“UGV”): is the daily natural gas consumption in GJs that is less than the FDV. If the daily natural gas consumption is greater than the FDV then the UGV will equal 0 GJs. 

Historical Gas Usage (“HU”): calendar monthly historical natural gas usage obtained from the Distribution Company’s HUF Data and pro-rated into a unique fixed calendar monthly volume. In the event that recent HUF Data cannot be obtained, or the HUF Data is missing all or any portion of a calendar month or any month is outside of a reasonable consumption level, we can use other historical billing consumption, previously obtained HUF Data or customer supplied data to adjust monthly volumes to fit a standard monthly temperature adjusted consumption profile.

Fixed Price Natural Gas Rate (FNG): means the fixed price Natural Gas rate, in CAD $/GJ, detailed on your Sign-Up Form. 

Fixed Price Natural Gas Premium (“FGP”): mean the additional rate in $/GJ that is added to the FNG and applied to the FOV. The premium rate can be found on your Sign-Up Form as either a specific additional premium or tier 2 rate or is calculated as the difference between the standard rate and special rate. If there is no premium rate, or similar rate related to a Fixed Natural Gas product with an upper monthly volume limit, then the FGP is equal to $0.00/GJ. 

Natural Gas Fixed Charge (NGFC): displayed as a Fixed Charge or Fixed Charge Tier 1 means the total charge for the portion of the pre-purchased Fixed Price Natural Gas up to the daily FGCV. The NGFC is calculated using the formula: 
F2_3491c9d5-bc3e-4c2d-bcb5-1003ce561bd9
Natural Gas Fixed Overage (NGFO): displayed as a Fixed Charge Overage or Fixed Charge Tier 2 Charge means the total charge for the portion of the pre-purchased Fixed Price Natural Gas that is considered to be Fixed Charge Overage volume. The NGFO is calculated using the formula:  
f3_7dca0386-b0a8-444e-96a3-39f99efdceff
Excess/Unused Gas Charge (EUGC): means the total of any Excess or Unused Gas charges or credits using the formula:  
f4
Excess Gas Rate (“EGR”): is the daily rate in $/GJ that is the greater of: a) FNG or, b) VNG + $1.18
Unused Gas Rate (“UGR”): is the daily rate in $/GJ that is the lesser of: a) FNG or, b) VNG - $0.50
Natural Gas Floating Rate (“GFR”): equals the VNG + $0.89/GJ
Electricity Floating Rate (“EFR”): equals the VEP + $0.0089/kWh

11.0 Special Rate Programs

11.1 "AFFORD-A-BILL "
  1. You will be billed a Flat Monthly Fee for the provision of Electricity and/or Natural Gas based on the Afford-A-Bill consumption band you select on your Sign-Up Form.
  2. If you consume electricity and/or natural gas at an amount greater than the maximum consumption allowed for under the consumption band you select on your Sign-Up Form, this additional consumption will be priced at the Variable Electricity Rate and/or the Variable Natural Gas Rate as defined in Section 10.2 and 10.4, as applicable.
  3. You can request to move to a different consumption band by contacting Sponsor Energy. This may include a change of your Fixed Electricity Rate if the prices have changed since the original signup date.
  4. Applicable Definitions: 

  • Afford-a-Bill Cap Volume (ABC): is the maximum monthly energy volume that is covered by the Flat Monthly Charge on an Afford-a-Bill product choice without additional energy charges. The ABC can be found on your Sign-Up Form. If there is no ABC volume limit on your Afford-a-Bill product, then the Natural Gas ABC will be 5 GJ / month and the electricity ABC will equal 300 kWhs/month. The Afford-a-Bill Cap Volume is applied as a daily volume divided evenly by the number of days in a calendar month.
  • Afford-a-Bill Cap Daily Volume (ABCD): is the Afford-a-Bill Cap Volume divided by the number of days in each Calendar month and applied as a daily volume in GJ/day or kWh/day for each day of consumption within a calendar month.
  • Afford-a-Bill Excess Volume: this is the total daily volume consumed above the Afford-a-Bill Cap Daily Volume during a metered billing period.
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11.2 Solar Rate Program

  1. Basis of Program: Sponsor Energy’s Solar Rate Program is based upon the requirements and the criteria described in the Alberta Micro-Generation Regulation (Alta. Reg. 27/2008) (the “Micro-Gen Regulations”). Terms used but not defined in these Terms and Conditions will have the meanings given in the Micro-Gen Regulations. These Terms and Conditions are intended to incorporate a summary of the relevant conditions of the Micro-Gen Regulations, but in the event of any inconsistency between what is described in these Terms and Conditions and the Micro-Gen Regulations, the Micro-Gen Regulations will prevail.
  2. Qualification Criteria: You may participate in the Solar Rate program if your site meets the definition of a “Small Micro-Generator”, namely:
    a) generating electricity from a micro-generation generating unit with a total nameplate capacity of less than 150 kW;b)
    b) being net billed using a bi-directional cumulative meter and not a bi-directional interval meter; and
    c) being identified and recognized by the applicable Distribution Company’s records as meeting the criteria of a Small Micro-Generator as such Distribution Company has communicated to Sponsor Energy and shown in the relevant site catalogue.
  3. Disqualification Criteria: If you are a Small Micro-Generator Customer and you install additional solar panels and: 
    a) begins generating electric energy with a total nameplate capacity of 150 kW or more; and/or
    b) are net billed using a bi-directional interval meter and not a bi-directional cumulative meter,

    your site(s) will no longer qualify for the Solar Rate Program, and You must promptly notify Sponsor Energy if your site(s) meet any of the above criteria. Once Sponsor Energy becomes aware that you no longer meet the Small Micro-Generator criteria, we may, at our sole discretion, adjust your previously issued invoices (retroactive to the date you no longer fit the criteria as s Small Micro-Generator), to account for any differences in the Energy Rate that should have been applied had you not been enrolled in the Solar Rate Program. Note also that the use of interval meters is not permitted pursuant to these Terms and Conditions, and in such case, the termination rights in Section 7.5.2 will apply.

  4. Applicable Solar Rate Program Rates: if you subscribe to the Solar Rate Program, you shall be subject to the applicable Fixed Electricity Rates as set forth below:
    a) “Smart Solar” Rate: you will be subject to the Smart Solar Rate program per paragraph a, unless you elect to “opt out” in which case you will be subject to the Traditional Solar Rate as set forth in paragraph b:
                i. For billing periods where production is determined by us to be greater than consumption for the Site(s), a Fixed Electricity Rate of $0.30/kWh; and
                ii. for billing periods where consumption is determined by us to be greater than production for the Site(s), a Fixed Electricity Rate as specified in the Customer’s Sign-Up Form and Energy Plan Confirmation

    b) Traditional Solar Rate: If you choose to “opt out” of the Smart Solar Rate program set forth in paragraph a above, then you will be subject to the Traditional Solar Rate per paragraph b, per the below:
        i. for the period from 0:00h on April 15 to 0:00h on October 15 in any calendar year, a Fixed Electricity Rate of $0.30/kWh; and
        ii. for the period from 0:00h on October 15 of one calendar year to 0:00h on April 15 in the following calendar year, a Fixed Electricity Rate as specified in the Customer’s Sign-Up Form and Energy Plan Confirmation.

  5. Meter Readings and Micro-Generation Disclaimers:

  • a) Billing Data Source: You understand and agree that the Distribution Company is solely responsible for reading, recording, and delivering all meter readings, including GCM readings (Generation Credit Meter readings, which measure electricity exported to the grid) and GIM readings (Generation Interval Meter readings, which provide detailed time-interval data for micro-generation output), to Sponsor Energy. We are required to bill based on information provided by the Distribution Company and will not accept outside or independent meter readings or micro-generation readings for billing purposes. Where there is a difference between energy data provided by your micro-generation generating unit and the GCM or GIM readings provided by the Distribution Company, we will use only the Distribution Company readings for billing.
  • b) Disclaimer: Without limiting anything else in this Agreement, you agree that neither Sponsor Energy nor its affiliates are responsible or liable for:
  •         i. any costs, losses, issues or errors incurred by you as a result of the installation of micro-generation at your Site(s) (We make no guarantee regarding the performance, efficiency, approval periods, production reading alignment, reading delivery timelines, maintenance or energy output of any micro-generation site); or
  •         ii. any failure or error by your electricity meter, micro-generation generating unit, or any other hardware or software associated with the delivery of electricity from the grid or exporting of electricity to the grid.

    11.3 Promotional Rates

    From time to time, at our sole discretion, we may offer you a special promotion, incentive or credit that is subject to additional terms and conditions. Such incentives may, in part, include programs offering referral payments or discounts, credit card or reward program points or loyalty rewards. Depending on the circumstances, your ability to continue to receive any such program, incentive or credit may be subject to your continued compliance with, and satisfaction of, such applicable additional terms and conditions. If you accept the offer in question but subsequently cancel or otherwise terminate the supply of either electricity or natural gas to the Site for whatever reason, your eligibility to receive the promotional rate, incentive or credit will automatically terminate.

Appendix A: Pre-Authorized Debit Agreement 

Authorization for Pre-Authorized Debit (“PAD”) Payments 

Customer hereby authorizes Sponsor Energy ('Sponsor') to make withdrawals from their bank or credit union account (‘Bank Account’) for regular or recurring payments and/or one-time payments based on Customers payment obligations to Sponsor, in accordance with the terms and conditions outlined in this Pre-Authorized Debit Agreement. In addition, the customer understands that this is a personal PAD agreement. 

  1. Third Party Processor
    The Customer acknowledges that Sponsor has selected a registered third-party processor, Rotessa Payments ('Payment Processor'), for all pre-authorized debits. Sponsor reserves the right to select a new third-party processor at any time without prior notice or consent from the Customer.

  2. Bank Account Information
    The Customer authorizes Sponsor to make withdrawals from the Bank Account provided to us by the Customer, or their authorized representative, directly through a Sponsor representative, via any electronic means including email, text, voice recording, or the online Customer portal. The Bank Account details used to process a payment will be those that are active with the Payment Processor at the time that a payment is due.

  3. Payment Amount and Timing
    Weekly and Monthly Recurring Payments
    Recurring weekly or monthly payments will be processed on the recurring weekly or monthly basis on the date that the customer has selected. 

    Monthly Payments Based on Bill Delivery
    Monthly billing amounts, invoiced by Sponsor, or their Partner, vary based on the amount of energy consumed, along with other charges and fees. The exact amount to be processed will be specified on the customers’ invoice which is triggered by the creation of the bill, and processed on the Invoice due date, or the next business day.

  4. Frequency
    Payments will be withdrawn on a weekly or monthly recurring basis or triggered by the monthly Customer bill being generated. The Customer acknowledges and agrees that the default payment due date is 7 days from the date of billing but may be longer or shorter depending on a Customer’s pre-selected payment day of the month. Transaction dates that fall on a weekend or holiday will be processed the next business day.

  5. Notification of Changes
    By choosing a specific payment day of the month or weekday, or if the Customer has an event of non-sufficient funds, the Customer has waived their right to receive pre-notification of the amount of the PAD being processed or re-attempted.

  6. Termination of Agreement
    The customer may revoke their authorization at any time, subject to providing 10 business days notice before the next scheduled debit. A sample cancellation form can be obtained from your financial institution. The customer can also reach out directly to Sponsor, or act within the self-serve Customer Portal at www.BillHub.ca, to change the payment method on account or cancel the authorization for the continued use of preauthorized debit. For more information on the customers’ right to cancel a PAD agreement can be found by visiting
    www.payments.ca/paying-pre-authorized-debit.

  7. Non-Sufficient Funds (NSF)
    In the event of non-sufficient funds in the Bank Account, Sponsor reserves the right to charge a fee for each occurrence. The Customer agrees that Sponsor may attempt to withdraw the amount again at any time within 30 days of a notice of non-sufficient funds in the bank account without prior notice.

  8. Customer Responsibilities 
    The Customer agrees to maintain sufficient funds in the designated bank account to cover the PAD amount. The Customer is responsible for updating Sponsor promptly in writing of any changes to the bank account information. The Customer acknowledges that Cancelling the pre-authorized debit agreement does not cancel the contract for goods or services with Sponsor, or any amount owed.

  9. Governing Law
    This agreement shall be governed by and construed in accordance with the laws of the Province of Alberta. The customer has certain recourse rights if any debit does not comply with this agreement. To obtain more information on your recourse rights, contact your financial institution or visit www.payments.ca.