Epcot Electric
Terms of Service
Residential Account
Residential Terms of Service:
The following are the Terms of Service for your agreement with Epcot Electric, for the purchase of residential electric service under the terms stated in the “Pricing Agreement” attached hereto. Epcot Electric conditions these terms upon your acceptance. You may print the Terms of Service at www.epcotelectric.com or you may request a printed version. Please retain this document for your records. Epcot Electric is certified as a Retail delivery of electricity from your Local Energy Deliver Company, also known as the Transmission and Distribution Service Provider (TDSP), to your service location pursuant to the Terms of Service Agreement.
Esta informacion esta disponible en Espanol. Por favor llame a Epcot Eletric al 713-552-0770 en Houston O 1-866-552-0770 fuera de Houston.
Contact Information:
Internet address: www.epcotelectric.com
Email address: service@epcotelectric.com
Mailing address: 2500 West Loop South Suit 530
Houston, Texas 77027
Office hours: 8:30 a.m.– 5:30 p.m. CST, Monday - Friday
Telephone number: 713-552-0770
Toll-free telephone: 1-866-552-0770
Fax: 713-552-0786
24 Hour Service Outage Reporting:
Centerpoint Energy (CPE) 800-332-7143
Texas New Mexico Power (TNMP) 888-866-7456
Oncor Electric Delivery (ONCOR) 888-313-4747
AEP Texas North and AEP Texas Central (ACT) 866-223-8508
Terms & Renewal: Your service under this agreement will begin on our meter read date set by your TDSP. Your service is provided on during the terms until terminated as stated in Section 1.2 of the Pricing Agreement. Epcot Electric is not liable nor is it able to commit to a specific date for the commencement of service with Epcot Electric. An early termination fee of $155.00 will be applied to your account in the event you cancel service with Epcot Electric prior to the end of your contract term.
Rights of Rescission: If you are switching to Epcot Electric from another Retail Electric Provider (REP), you can cancel your acceptance of the contract with us without penalty or fee by contacting us before midnight of the third federal business day after the date of your enrollment authorization and receipt of the contract documents.
Please include the following:
Request to cancel contract
Name, address, phone number
Account Number or ESID Number
You may call us to cancel at 713-552-0770 or 866-552-0770 with this information, fax us at 713-552-0786, or email us at service@epcotelectric.com.
Pricing: You agree to pay the price indicated in the EFL and all amounts shown on your bill. Some products may require an advanced meter that records your usage more frequently and you will only be eligible for these prices if the appropriate meter and any other necessary equipment are installed at your location. You agree to pay non-recurring fees charged by the Transmission and Distribution Service Provider (TDSP) that are necessary to implement and/or maintain electric service for you. Non-recurring fees by the TDSP may include service connection, disconnection or reconnection fees, meter test fees or special out-of-cycle meter read fees. Non-recurring fees will appear as line items on your bill. You agree to pay all applicable Taxes and any fees charged by any governmental entity. We will charge $26.00 for each transaction not processed due to insufficient funds including: 1) returned checks, 2) returned electronic fund transfers, and 3) rejected credit card transactions. We may also charge the service-processing fee up to $4.95 for any payment processed by an Epcot Electric Customer Service Representative or a $60.00 Disconnect Recovery charge if you fail to make payment before the expiration of any disconnection notice issued by Epcot Electric.
Canceling Your Contracts: Your contract term is stated in the EFL. At the end of your contract term, you may cancel or terminate your contract by switching to a new provider. If you cancel the contract before the end of your contract term, you agree to pay the penalty or fee for early cancellation indicated in the EFL, if any, and you must select another REP to continue to receive electric service. If you move from your existing premise during the contract term and provide a forwarding address to us, you will not be responsible for the cancellation fee stated in the EFL. We may also request that you provide reasonable evidence that you no longer occupy the location covered by the contract. In order to ensure timely processing, you should notify us at least 3 days before the requested termination date. Our obligations will end after the meter read date where we are no longer designated as your REP or when your electric service is disconnected by the TDSP. Your obligations under the contract will end when your account balance is paid in full.
Deposits: We do not deny service based on your credit score. However, you may have to provide an initial deposit before receiving electricity service if you cannot demonstrate satisfactory credit. An initial deposit may also be required to continue to receive electricity service, if you have been late paying your bill more than once during the last 12 months or our service has been disconnected for non-payment. You may be required to provide an additional deposit to continue to receive electricity service if (1) your average annual electric service bill for the last 12 months is a least twice the amount of the original estimated annual bill, and (2) a notice for disconnection has been issued in the previous 12 months. If a deposit is required, the total amount of your deposit will not exceed an amount equal to the greater of either (1) the sum of the next two months estimated billings, or (2) one-fifth of the estimated annual billing. If we hold your cash deposit longer than 30 days, we will pay you interest on it from the day we received it at the interest rate established annually by the Public Utility Commission of Texas (PUCT). We will credit any accrued interest on your deposit to your account either on your January bill each year or on your final bill. If you are LITE-UP qualified and are required to pay a deposit greater than $50.00 you will be eligible to pay your deposit in two installments. You must provide evidence of enrollment in a TDHS program. Instead of paying cash deposit, you may provide a Guarantee Agreement signed by an active Epcot Electric customer with satisfactory credit. You also may avoid paying a deposit if (1) you submit a credit reference letter from your previous electric service provider confirming your positive payment record for 12 consecutive months during the past two years, (2) you have a satisfactory credit rating through a consumer reporting agency, (3) you are at least 65 years of age and you do not have a delinquent balance with your current electric service provider, (4) you are medically indigent or (5) you have been a victim of family violence and can provide a certification letter by the Texas Council on Family Violence. Please contact us for additional information if you believe you may be eligible for one of these options. You may send your letters to us by faxing it to 713-552-0786. If you establish satisfactory credit with us by making timely payments for 12 consecutive months, then we will apply the deposit plus accrued interest to your account or cancel the Guarantee Agreement. If you do not establish satisfactory credit with us during the time you receive service from us, then we will apply the deposit plus accrued interest against the outstanding balance on your final bill or transfer the outstanding balance equal to the deposit identified in the Guarantee Agreement to the Guarantor’s account for payment in accordance with the Guarantee Agreement. We will bill you for any remaining balance to you or transfer the credit balance to your new REP, at your request and with your new REP’s consent.
Billing, Payments and Payment Arrangements: You will receive a monthly bill from Epcot Electric. All bills are due and payable 16 days after issuance, which is defined as the billing date on your invoice or the postmark date on the envelope, whichever is later. Bills shall be deemed past due and delinquent at the close of business on the day the bill is due. Late payments, delinquent or past due balances may result in a penalty equal to 5% of the month’s past due amount. The late fee will not apply to customers who are “LITE-UP qualified.” If you are a customer who receives food stamps, Medicaid, AFDC or SSI from the Texas Department of Human Services (TDHS), then you are considered ‘LITE-UP qualified.” You must provide evidence of enrollment in a TDHS program. Late fees are $26.00 insufficient funds fee per transaction will be assessed against any transaction not processed due to insufficient funds or credit availability for any method of payment including checks, bank drafts or credit/debit card transactions. If you use a 3rd party payment provider to pay your Epcot Electric bill, you may be assessed a fee for payment transactions by that 3rd party payment provider. If you select an automatic bank draft option please continue to remit payment until you receive written notification that our request has been accepted and is scheduled to begin. If you select automatic bill pay and funds are not available in your account when we attempt to process your draft, or if the payment is returned or dishonored, you will be responsible for forwarding a payment to us. If a payment is not received by your due date, the late fee charge of 5% may be assessed to your account. Epcot Electric will not notify you if your funds were unavailable. You are responsible for any fees, charges or costs incurred by you in connection therein. Please notify Epcot Electric in writing to discontinue your participation in automatic bill pay programs or if there are any changes affecting your bank account, credit/debit card account or to change the bank account, credit card or debit card from which your Epcot Electric account is paid. Please include a voided check with your letter, if changing the bank account. The written notice must be received by Epcot Electric at least 45 days before your payment due date or the change may not be implemented until your next payment due date. Send written notices to the address noted above. Epcot Electric reserves the right to cancel your participation in the automatic bill pay program if your payment is returned or dishonored. We reserve the right to adjust your bill. We may calculate a bill based on estimated meter readings from the TSDP or ERCOT. Once actual meter readings are received, we will make adjustments on a subsequent bill. If you fail to timely pay the amounts due and we refer your outstanding balance to an attorney or collection agent for collection, or file a lawsuit, or collect your outstanding balance through probate, bankruptcy or other judicial proceedings, then you agree to pay reasonable fees and expenses (including attorney fees) that we incur in the collection process.
Service Suspension, Disconnection for Non-Payment and Deactivation: Non-payment of your Epcot Electric bill may result in the late fees set forth above and termination of your service. Epcot Electric will notify you 10 calendar days prior to termination of your electric service. If you fail to pay in full by the due date on the disconnect notice, Epcot Electric will have the right to authorize the disconnection of your electric service, with proper notice, in lieu of terminating your Terms of Service Agreement and transferring you to the local affiliated REP. Disconnection of your electric service from Epcot Electric will not excuse you from paying any outstanding amounts owed to Epcot Electric. Upon a customer’s satisfactory correction of the reason for disconnection, customers may reinstate electric service with Epcot Electric. Epcot Electric will charge you $50.00 reconnection fee in addition to any reconnect fees charged by the TDSP. If you do not reconnect your service within 10 days of disconnection for non-payment, Epcot Electric reserves the right to deactivate your account and require you to re-enroll for service with Epcot Electric and/or pay a new deposit on your account, subject to the maximum deposit rules of the PUCT. We may request disconnection of your electric service without prior notice immediately under specific situations, including the existence of a dangerous condition at your service address or theft of service.
Dispute or Complaints: Please contact us if you have specific comments, questions, complaints, or billing questions by calling an Epcot Electric Customer Care Representative or emailing service@epcotelectric.com. Our Customer Care Representatives are trained to research and resolve your customer inquires. We will do everything we can to make sure your problem is handled and you are pleased with our service. If you are not satisfied with our attempt to resolve the problem, you may file a complaint with our company and request a supervisor to conduct a full review. If we fail to resolve our dispute, it is your right to file a complaint with the PUCT: Public Utility Commission of Texas, Customer Protection Division, P.O. Box 13326, Austin, Texas, 78711—3326; (512) 936-7120 or (iiii) 782-8477; Fax (512) 936-7003; email: customer@puc.state.tx.us; website: www.puc.state.tx.us; TTY (512) 936-7136. Please see “Your Rights as a Customer” for more information.
Bill Payment or Other Assistance: Energy assistance and rate reduction programs are available to customers who have severe financial hardships and temporarily may be unable to pay their bills. The energy assistance program is funded in part by contributions from Epcot Electric customers. For more information regarding these programs, please visit www.puc.state.tx.us or call the Public Utilities Commission of Texas (PUCT) at 888-782-8477. If you have special needs that require you to be dependent on electrical equipment or powered medical equipment, it is your responsibility to obtain a Critical Care Eligibility Determination Form from our customer care department that will then be forwarded to the TDSP for eligibility determination. Customers may also direct questions concerning any assistance programs to an Epcot Electric Customer Care representative.
Antidiscrimination: Epcot Electric does not deny service or require a prepayment or based on your race, creed, color, national origin, ancestry, sex, marital status, lawful source of income, level of income, disability, familial status, location in an economically distressed geographic area, or qualification for low income or energy efficiency services. We also cannot use a credit history, or utility payment data as the basis for determining the price for electric service for products with a contract term of 12 months or less.
Changes to Price and Terms of Service: Epcot Electric may only change or modify the price shown in the EFL if changes in the TDSP charges, changes to ERCOT or the Texas Regional Entity administrative fees charged to loads, or changes resulting from federal, state or local laws that impose new or modified fees or costs on a REP that are beyond the REP’S control. Changes in Term (length) of this Agreement require Customer to enter into a new agreement. Epcot Electric may amend these Terms of Service at any time, except that Epcot Electric may only change the price and Term as specified above. Epcot Electric will provide written notice to Customer at least 14 days in advance of the date that the change to this Agreement will be applied to the Customer’s bill or take effect unless the change benefits Customer. Epcot Electric is not required to provide notice automatically for material changes that benefit the Customer but will, upon request, provide each document to Customer at any time fee of charge. Upon receipt of written notice of a material change, customer may terminate this Agreement without penalty within 14 days after the date of the notice, unless such change favors Customer. Establishing service with another REP may take up to 7 business days.
Program Change: Epcot Electric reserves the right to change or cancel at any time without notice any benefits, rewards, or bonuses provided to customers that may be provided by a 3rd party.
Customer Information: By entering into this Agreement, your TDSP may release to us certain information that we need to provide you with service, including your address, phone number, account numbers, and historical usage information.
Force Majeure: We will endeavor to provide service in a commercially reasonable manner, but we do not guarantee a continuous supply of electrical energy. Events that are out of our control (“Force Majeure” Events”) may result in interruptions in service. We will not be liable for any such interrupts. We do not generate your electricity, nor do we transmit or distribute electricity to you; therefore, you agree that we are not liable for damages caused by events of force majeure, including acts of God, acts of any governmental authority, including the PUCT or the Electric Reliability Counsel of Texas (ERCOT), accidents strikes, labor trouble, required maintenance work, inability to access the TDSP system, nonperformance of the TDSP, delay of deregulation or changes in laws, rules, regulations, practice or procedures of any governmental authority or ERCOT, or any cause beyond our control.
Limitations of Liability: Liabilities not excused by reason of force majeure or otherwise shall be limited to direct actual damages and amounts billed for energy. Neither party will be liable to the other for consequential, incidental, punitive, exemplary or indirect damages. Lost profiles or penalties of any nature are hereby waived; these limitations apply without regard to the cause of any liability or damage. There are no 3rd party beneficiaries to this Agreement. In the event that may provision of this Agreement is held unenforceable, the remaining provisions shall still remain valid.
Representations and Warranties: The electricity sold under this Agreement will meet the applicable TDSP’s quality standards and will be supplied from a variety of sources. Epcot Electric makes no representation or warranties other than those expressly set forth in this Agreement, and Epcot Electric expressly disclaims all other warranties, expressed or implied, including warranties of merchantability and fitness form a particular purpose.
Assignment: You may not assign this Agreement, in whole or in part, or any of its rights or obligations hereunder without the prior written consent of Epcot Electric. Epcot Electric may, without your consent: (a) transfer, sell, pledge, encumber or assign this Agreement or the accounts, revenues or proceeds hereof in connection with any financing or other financial agreement: (b) transfer all or substantially all of the assets of Epcot Electric; and/or (c) transfer or assign this Agreement to a certifies REP. In the case of (a), (b) or (c) any such assignee shall agree in writing to be bound by the terms and conditions hereof. Upon any such assignment, Customer agrees that Epcot Electric shall have no further obligations hereunder.
Excuse: If an event occurs which makes it impossible for Epcot Electric to perform under this Agreement, such as an act of God, extraordinary weather occurrence, war, civil disturbance or other national emergency, our performance under this Agreement shall be excused for the duration of such event.
Governing Law: This Agreement shall be governed by and construed, enforced and performed in accordance with the laws of the State of Texas and venue shall be proper in Harris County, Texas. The provisions of the Uniform Commercial Code (“UCC”) shall apply to this Agreement electricity shall be a “good” for purposes for the UCC.