Energy To Create Value
Terms of Service
Vista Energy Marketing, LP
Terms of Service for Natural Gas Agreement
Variable Rate – Pacific Gas & Electric
SCOPE OF SERVICE:
This statement provides information required by the California Public Utilities Commission (“CPUC”) concerning natural gas service offered by Vista Energy Marketing, LP (hereafter referred to as “VEM” or “Company”) to Customers (hereafter referred to as the “Customer”) enrolled in Pacific Gas & Electric’s (“PG&E”) Core Gas Aggregation Service. This statement incorporates the terms and conditions of service and refers to the Agreement that the Customer has with the Company.
TERMS AND SERVICE:
Customer appoints Vista Energy Marketing, LP to act as his, her, or its exclusive Core Transport Agent (herein referred to as “CTA”) for the purpose of establishing and administering core gas aggregation service on Customer’s behalf and in accordance with the rules and regulations of the CPUC. Customer hereby authorizes VEM to do any and all things proper and necessary in order to establish and administer core gas aggregation service on his, her, or its behalf. Customer authorizes PG&E to release to VEM by means of electronic transfer the current and historical gas usage information for the account(s) set forth in this Agreement Customer agrees that the person who authorized to act on behalf of Customer and that such person is at least 18 years of age.
The terms of service set forth in this statement are subject to the Customer’s acceptance into PG&E’s Core Gas Aggregation Service. VEM agrees to provide services to the Customer in accordance with the terms and conditions of Schedule G-CT, PG&E’s Rule 23, and other applicable laws, rules and regulations that may apply and any modifications thereto as authorized by the CPUC.
The primary term of this Agreement will begin with Customer’s first available meter reading date with VEM as determined by PG&E, and will continue for a period ending twenty – four (24) months after Customer’s account becomes effective (such period of time hereafter referred to as the “Primary Term”). Each account will begin Core Gas Aggregation Service on the normal meter reading date of the effective service month. If, at the end of the Primary Term, VEM proposes to change Customer’s price or other terms of this Agreement, VEM will provide Customer notice of such proposed change no less than thirty (30) days before such proposed change is to become effective. In the event that VEM does not notify the Customer of any changes in Customer’s contract terms prior to the end of the Primary Term, Customer’s price for the natural gas will continue on a month-to-month basis at a variable market rate based on the first of the month NGI – PGE Citygate Index. Service will continue through the end of the Primary Term and will continue month-to-month thereafter unless Customer closes its business or until the Agreement is canceled by VEM as specified in PG&E’s Rule 23. VEM reserves the right to terminate this Agreement at any time if any of the terms associated with the PG&E Core Gas Aggregation Service change, or if there is any material change in the Customer’s natural gas consumption pattern.
Provisions governing change to any of the terms and conditions of this Agreement, other than a change in price pursuant to proper notice, requires VEM’s and the Customer’s affirmative consent in the form of an executed agreement, a VEM recorded telephone call, or an electronic signature in order for any such change to become effective and binding on VEM or the Customer.
NATURAL GAS PRICE
Customer will receive a variable rate based on the monthly NGI – PGE Citygate Index in addition to a monthly gas supply management fee of $1.50 per residential account and $2.50 per commercial account. The rate and fee will be based on the current market conditions which may include inventory, transport costs, PG&E balancing charges, excess historical usage and/or prior period adjustments. Please note that these rates and fees apply only to the price of natural gas and not to the other charges associated with gas delivery. Customer is solely responsible to PG&E for other charges relating to the delivery of gas to their facility or residential location.
CREDIT
Activation of Customer’s service with VEM is contingent upon credit approval by VEM. Customer represents that (i) Customer is financially able to meet its obligations and (ii) is not aware of any situation or condition that would alter Customer’s financial abilities and (iii) Customer has not previously filed or does not plan to file any bankruptcy proceedings. Customer agrees that they are fully able and willing to provide any financial information and/or financial assurances deemed reasonable and necessary by VEM. Customer also understands and agrees that this agreement may be terminated if this account has an existing past due balance from a previous CTA, becomes delinquent or past due, or if VEM receives poor credit history from a credit-reporting agency. Customer shall be liable for all costs including, but not limited to legal fees or costs associated with the collection of outstanding balances owed by Customer.
RELIABLE SERVICE
PG&E will continue to deliver Customer’s gas, read Customer’s meter(s), maintain its facilities and respond to Customer’s system concerns. Only Acts of God or events of Force Majeure on PG&E and the pipelines serving PG&E can interrupt Customer’s service. In case of odors, emergency, or suspected leak, Customer should contact the PG&E Emergency and Customer Care Center at 1-800-743-5000.
TERMINATION
Customer may cancel this Agreement free of charge or penalty by calling VEM at 1-888-508-4782 within ten (10) business days of enrolling. Once this Agreement has become effective, it will continue until either party provides at least fifteen (15) calendar day’s written notice of Customer’s or VEM’s intent to cancel. VEM reserves the right to terminate this Agreement upon providing fifteen (15) days prior written notice if any terms associated with the PG&E Core Gas Aggregation Service change or if there is any material change in Customer’s natural gas consumption pattern. Termination requests received by PG&E prior to the first day of the month will become effective for each account on the normal meter reading date in the following month.
BILLING AND PAYMENT TERMS
Customer will be billed based on gas consumption as determined by PG&E. Title to natural gas sold hereunder will transfer at allocation on the interstate pipeline outside the State of California. VEM’s gas charge will appear on Customer’s PG&E bill. Customer is solely responsible for all state and local taxes, if any, assessed on services or goods provided under this Agreement Bills not paid by the Customer by the due dates may be subject to a late fee not in excess of the late fee charged by PG&E. VEM reserves the right to terminate this Agreement for non-payment. Customer shall be liable for all costs, including, but not limited to legal fees and/or costs associated with the collection of outstanding balances.
TRANSFER OF SERVICE / ASSIGNMENT OF CONTRACT
In the event of the sale of a property that is currently served by VEM, this Agreement may be assigned to the new owner upon prior written approval by PG&E and VEM, which consent may be withheld in VEM’s sole discretion. The Customer is at all times liable for all costs already incurred related to the Agreement prior to any such approved assignment. The terms of Customer’s Agreement may also be applied to the original Customer at their new property if the new property is in the PG&E service territory, and if the terms are approved in advance and in writing by both VEM and PG&E. Customer can not assign this Agreement without VEM’s prior consent, which consent may be withheld in VEM’s sole discretion. VEM reserves the right to transfer this Agreement to another party.
LAWS, RULES AND REGULATIONS
These Terms of Service and the activities of the parties hereunder shall be subject to the applicable federal and state laws and the applicable orders, laws, rules and regulations of any state or federal authority having or asserting jurisdiction, but nothing contained herein shall be construed as a waiver by either party of any right to question or contest any such order, law, rule or regulation. The parties shall be entitled to regard all such laws, rules, regulations and orders as valid and may act in accordance therewith until such time as the same may be invalidated by final judgment in a court of competent jurisdiction.
DISPUTE RESOLUTION AND CUSTOMER PROTECTION
Customer understands and acknowledges that the CPUC does not regulate VEM, and does not get involved with the resolution of, or any losses or damages resulting from any disputes Customer may have with VEM. The resolution of any such disputes will be the Customer’s and VEM’s sole responsibility. Billing disputes between the Customer and VEM will be resolved as specified in PG&E’s Rules 10 and Rule 23.
In the event Customer has a question or concern about a monthly bill, Customer shall contact VEM’s Customer Service Department. All inquiries will be referred to a staff member who will acknowledge them promptly and will attempt to work out a mutually satisfactory resolution. If a dispute cannot be resolved by discussions between both parties, the issue may be submitted by either party to mediation, arbitration, or court. Customer must pay the undisputed portion of any invoice on or before the due date.
VISTA ENERGY MARKETING, LP CONTACT INFORMATION
Questions regarding these Terms of Service or about VEM service can be directed in writing to: Vista Energy Marketing, Attention: Customer Service, 3200 Southwest Freeway, Suite 2240 Houston, TX 77027. Customers may also contact VEM toll free at 1-888-508-4782.
All of the above applies to new plans on or after 2/1/2011
