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BIMZIE ENERGY NATURAL GAS TERMS & CONDITIONS

These ENERGY SUPPLY TERMS AND CONDITIONS have important information you need to know before you commit to natural gas service from Bimzie Energy (BE or Bimzie). As a supply customer of BE, you agree to the Terms and Conditions of BE’s natural gas supply contract.

Service Arrangement: BE’s energy supply will be delivered to your residence or facility via the utilities pipeline on a month to month basis. Upon acceptance by the utility company, the utility company will continue to deliver BE supplied natural gas to your home at the agreed upon rate.

Term: The term of this Agreement shall commence when accepted by BE and shall continue through your term end billing cycle unless otherwise canceled by either party. Natural gas service will begin within 60 days of acceptance by your utility company. You may terminate this Agreement with BE by providing a 30-day notice in writing to BE or by telephone.
Rate: Beginning with the first billing cycle through the end billing cycle, the price will be fixed at the rate agreed to with your rate plan selection, which does not include applicable sales tax or NGDC transportation and other charges.

Renewal: Bimzie Energy will send you a notice of renewal including, but not limited to notice of the new rate, terms and conditions and any other changes. At this time you may choose to accept or reject the new offer and terms, and you will be returned to the utility. You may also select a new supplier at this time, if you so choose. If you do not respond to the new rate offer, your account will be placed on a variable rate . BE mailing address is: at 1391 W. 5th Ave, Box 387, Columbus, Ohio 43212 BE can be reached by telephone at (614)123-4567 Telephone service hours are from 9:00am - 5:00pm,EST Monday through Friday. E-mail address is choice@bimzieenergy.com.

Bill Payment Process: The utility will continue to bill you monthly for their delivery services and also for BE’s natural gas supplies. Should you fail to pay the bill or fail to meet any agreed upon payment arrangement, the utility may terminate your service in accordance with its company tariffs, and this agreement with BE may be automatically terminated. If BE is providing billing services, BE may terminate this agreement with fourteen (14) days’ notice for failure to pay the bill or failure to meet any agreed upon payment arrangements.

Complaint Dispute Resolution: If you have any complaints regarding your natural gas service or your monthly bill, please contact us at 1-800-123-4567. Upon request, BE will provide to you up to twenty-four months of your payment history without charge. If your complaint is not resolved after you have called BE, or for general utility information, residential and business customers may contact the Public Utilities Commission of Ohio (PUCO) for assistance at 1-800-686-7826 (toll free) from 8am - 5pm weekdays, or at http://www.puco.ohio.gov. Hearing or speech impaired customers may contact the PUCO via 7-1-1 (Ohio relay service). Additionally, the Ohio Consumers’ Council (OCC) represents residential utility customers in matters before the PUCO. The OCC can be contacted at 1-877-742-5622 (toll free) from 8am .- 5pm weekdays, or at http://www.occ.ohio.gov.

Amendment to Agreement: BE may amend the Supply Agreement from time to time. Any amendments made would not take effect for a minimum of thirty (30) days and you will receive thirty (30) days written notice at the service address.

Emergency Service Problems: If you become aware of a gas emergency condition, or experience an unanticipated loss of gas service, you should contact the utility at the number listed on your gas bill.

Termination/Rescission of Agreement: You may rescind your natural gas supply enrollment with the utility within seven (7)business days of the post mark date of the confirmation notice from the utility. After the initial seven (7) business day period, either you or BE may terminate the contract at any time by providing the non-terminating party thirty (30) days written notice of such termination. You will remain responsible for all natural gas consumed by you prior to the actual cessation of services. If your supply contract with BE is terminated, your natural gas supply will automatically be provided by the utility under its standard tariff unless or until you choose another supplier. If you voluntarily terminate, you may be charged a price other than the utility regulated sales service rate. There will be a $100 early termination fee associated with this offer. This agreement will automatically terminate upon the occurrence of any of the following: (1) the requested service location is not served by the utility; (2) you move outside the utility service area or to an area not served by BE; or (3) BE terminates your supply agreement and returns you to the natural gas utility. You have the right to terminate this agreement, by paying a $100 early termination fee, for any reason at any time.

Change in Law: In the event there is a change (including a change in interpretation) in law, administrative regulation, rule, filed tariff (in effect at the start of the Initial Term, not pending and disputed), regulatory design or structure, ordinance, order, judicial decision, or stature, including, without limitation, changes in utility tariffs and pipeline protocols, or any fees or costs, including any charged by pipelines or utility, or the commencement of enforcement of a change in law or administrative regulation, and such results in BE incurring additional costs and expenses in providing your natural gas service under this Contract, such additional costs and expenses will be your responsibility and will be assessed in your rate, charges and fees for natural gas service, notwithstanding the type of product you elected.

Program Compliance: The utility’s deregulation program is subject to the ongoing jurisdiction of the PUCO. If the PUCO cancels the program, this contract is rendered void with no penalty to either party. The laws of the State of Ohio will govern this agreement. BE’s rate excludes utility charges and taxes. Service is subject to enrollment processing timelines as determined by your local utility and BE’s aforementioned Terms and Conditions of Service. To be eligible to participate in the program, you must: (1) be eligible to receive natural gas from the utility; (2) meet Ohio non-mercantile requirements; (3) be current with your natural gas payments or payment arrangements; and (4) not be enrolled in the PIPP program.

*This Product does not include charges for utility distribution and delivery, as well as any federal, state or local taxes and charges.

By signing this Agreement, Customer agrees to initiate Electricity service and begin enrollment with Bimzie Energy. Bimzie Energy, following its execution of this Agreement, will supply Electricity at the Price Customer agrees to on the Offer. Customer will pay any related charges, plus applicable taxes. Residential customers have the right to rescind their enrollment without penalty within seven (7) days following the postmarked date of the Utility’s confirmation letter. This right of rescission only applies when a residential Customer initially switches to a supplier and not upon renewal.

Terms and Conditions

I. ENERGY SERVICES

During the relevant term Bimzie Energy shall supply and deliver to Customer all of the retail energy requirements at each Service Location (the “Retail Energy”). The Retail Energy is delivered to the distribution system’s interconnection point (each, a "Delivery Point") of the relevant electric distribution company ("EDC"), and the relevant EDC is responsible for delivery of the Retail Energy to Customer's meter at and from that point. Customer designates Bimzie Energy as an authorized recipient of Customer’s account, billing and usage information. Customer consents to the disclosure by each EDC to Bimzie Energy of certain basic information about Customer including: account number, meter number, meter read data, rate class, billing and payment information, account name, service address, billing address, and telephone number.

II. TERM OF AGREEMENT

Bimzie Energy shall use commercially reasonable efforts to commence service under this Agreement upon the later the start date referenced in the Offer Sheet or the first available meter read date, as determined by the EDC, after the date hereof, and after Bimzie Energy receives confirmation that the EDC has completed its processing and has accepted the delivery service request (the "Start Date").Bimzie Energy shall not be liable for any lost savings or lost opportunity as a result of a delay in service commencement due to actions or inactions of the EDC. The initial term of this Agreement shall continue the number term months indicated on Offer Sheet from the Start Date, unless sooner terminated hereunder.

III. PRICING

This is a full requirements Agreement for residential customers. You agree to pay the Price as detailed in the Offer applied to total usage per Account as reported by the Utility each month. The Price includes energy, congestion, capacity, ancillary services, losses, Auction Revenue Rights (“ARR”), and Renewable Portfolio Standards (RPS) compliance costs. Unless otherwise noted, the Rate does not include taxes, regulated charges from the Utility, including, but not limited to, Utility delivery and distribution charges, customer account fees or other Utility transmission charges. Customer agrees to maintain electric usage patterns similar to those exhibited within the preceding 365 calendar days.

IV. BILLING and PAYMENT

A. General Billing and Payment Terms: Bimzie Energy shall provide monthly invoices, either through utility consolidated billing (UCB) or supplier consolidated billing (SCB).Bimzie Energy may estimate bills in cases where actual billing determinants are unavailable, and estimated bills shall be adjusted as soon as reasonably practicable. In the event Customer is billed by Bimzie Energy, Customer shall pay all amounts owing within 14 days after issuance of the invoice. In the event Customer is billed by the EDC, payment is due to the EDC by the date specified in its bill. Late payments shall incur interest charges at a rate of interest equal to a per annum rate of eighteen percent (18%) or the maximum allowed under applicable law, whichever is less. In any instance where any payment to Bimzie Energy is declined by the issuing institution, Customer shall be assessed a charge of $30 or the maximum allowed under applicable law (whichever is less) per declined payment. Customer shall be liable for all costs incurred by Bimzie Energy , including attorney’s fees, for collections on accounts greater than thirty (30) calendar days past due.

B. Disputes and Adjustments of Invoices: Customer may, in good faith, dispute in writing the correctness of any invoice. In the event that an invoice or portion thereof is disputed, payment of the undisputed portion of the invoice shall be made within normal terms, with notice of the dispute given to Bimzie Energy in writing and stating the amount and basis for the dispute. If you have a complaint, you may call Bimzie Energy’s Customer Support Line at (800) 123-4567 every Monday through Friday (excluding holidays)
from 8:00 AM to 5:30 PM "If your complaint is not resolved after you have called your electric supplier and/or your electric utility, or for general utility information, residential and business customers may contact the public utilities commission of Ohio (PUCO) for assistance at 1-800-686-7826 (toll free) from eight a.m. to five p.m. weekdays, or at http://www.puco.ohio.gov. Hearing or speech impaired customers may contact the PUCO via 7-1-1 (Ohio relay service). All customers have the right to contact the PUCO regarding complaints and disputes: The Ohio consumers' counsel (OCC) represents residential utility customers in matters before the PUCO. The OCC can be contacted at 1-877-742-5622 (toll free) from eight a.m. to five p.m. weekdays, or at http://www.pickocc.org. Upon resolution of the dispute, any required payment shall be made within five (5) business days of such resolution along with interest accrued at the per annum rate of eighteen percent (18%) or the maximum allowed under applicable law, whichever is less.

V. RENEWAL OF AGREEMENT

Not less than thirty (30) calendar days prior to the anticipated expiration date of the then current relevant Term, Bimzie Energy may provide a Renewal Notice electronically or otherwise in writing containing proposed terms and conditions. Customer’s failure to reject any Renewal Notice in writing within five (5) business days shall result in such Renewal Notice being deemed to have been irrevocably and unconditionally agreed to by the Customer. If following termination or expiration of this Agreement, any of Customer’s accounts remain designated by any EDC as being served by Bimzie Energy, Bimzie Energy may either (a) continue to serve such account(s) on a month-to-month holdover basis (each, a “Holdover Term”) or (b) move such account(s) to the then applicable tariff service, whether default service or otherwise, or to another authorized provider of electricity required to serve as the “provider of last resort” (any of the foregoing, an “Alternative Service”). During a Holdover Term, Bimzie Energy may at any time move any account(s) to an Alternative Service without penalty or prejudice.

VI. CONFIDENTIALITY

Both Parties agree that the terms and conditions of this Agreement shall remain confidential, except for any required disclosure to any regulatory body, governmental entity or agency having jurisdiction, or disclosure to accountants, attorneys, or other professionals acting on behalf of the disclosing Party.

VII. NOTICES

Any notice or other document to be given or served hereunder or under any document or instrument executed pursuant hereto shall be in writing and shall be delivered to any of the address specified on Offer. 1391 W. 5th ave, Box 387, Columbus, Ohio 43212
VIII. EVENTS OF DEFAULT

A. Definition: An “Event of Default” shall mean, with respect to the applicable Party to whom the following applies (the "Defaulting Party"), the occurrence of any of the following: (a) the failure of such Party to make, when due, any payment required pursuant to this Agreement if such failure is not remedied within three (3) business days after written notice and demand of payment; (b) any representation or warranty made by such Party herein being false or misleading in any material respect when made or ceases to remain true during any term; (c) the failure of such Party to perform any obligation set forth in this Agreement and such failure is not remedied within five (5) business days after written notice; (d) Customer files a petition or otherwise commences, authorizes or acquiesces in the commencement of a proceeding or cause of action bankruptcy or (e) Customer’s failure to cooperate with Bimzie Energy as reasonably required in order for Bimzie Energy to perform its obligations under this Agreement. B. Suspension and Early Termination: If an Event of Default occurs, the Party that is not the Defaulting Party (the “Non-Defaulting Party”) may, at its option and in its sole discretion, take any one or more of the following actions (1) suspend its performance under this Agreement; or (2) terminate this Agreement by sending written notice to the Defaulting Party provided the termination date for this Agreement (the “Early Termination Notice”). In the event of such suspension or an early termination, Customer shall pay to Bimzie Energy all amounts owed under this Agreement, including amounts owed for delivered performance, whether or not then invoiced. In the event of such an early termination as a result of Customer’s default, Customer shall also pay as liquidated damages a settlement amount (the “Termination Fee”) of $50. The Termination Fee shall be paid by Customer within five (5) business days after notice is received.

IX. FORCE MAJEURE

“Force Majeure” shall mean an event which prevents the claiming party (the “Claiming Party”) from performing its obligations and is not within the reasonable control of, or the result of the negligence of, the Claiming Party, such as, but not limited to, acts of God; fire; flood; terrorism; breach by the EDC; electric grid interruption; earthquake; war; riot; zombie apocalypse; or requirements, actions or failure to act on the part of governmental authorities. The non-Claiming Party shall not be required to perform its obligations to the Claiming Party for the period of the Force Majeure. If the Force Majeure continues for a period in excess of thirty (30) calendar days (an "Extended Force Majeure Event"), the performing Party may terminate this Agreement by providing the other Party written notice of the early termination, without the termination for an Extended Force Majeure Event constituting an Event of Default.

X. GOVERNING LAW AND WAIVER OF JURY TRIAL

This Agreement shall be governed by the laws of the State of Ohio, without regard to its choice of law provisions. Any action arising out of this Agreement shall be filed in the Court of Common Pleas, Franklin County, Ohio. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE RIGHT TO TRIAL BY JURY OF ANY SIZE IS IRREVOCABLY WAIVED.

XI. CHANGES IN LAW OR REGULATION

In the event that any change in any statute, rule, regulation, order or other law, or procedure, tariff, rate class or other process or charge, promulgated by any governmental authority or EDC, Independent Service Operator ("ISO"), Regional Transmission Operator ("RTO") or other regulated service provider, alters to the detriment of Bimzie Energy its costs to perform or its economic returns under this Agreement Bimzie Energy may revise the pricing under this Agreement to eliminate the impact of such. Before any such price revision, Bimzie Energy shall provide written notice to Customer with the resulting price revisions, and the date upon which such revised pricing shall be effective. Customer shall pay the revised price described in such notice, and all other terms and conditions of this Agreement shall remain in full force and effect.

XII. SEVERABILITY

The various provisions of this Agreement are severable. Any provision or section of this Agreement declared or rendered void, unlawful, or otherwise unenforceable shall not otherwise affect the lawful obligations that arise under this Agreement.

XIII. INDEMNITY

Bimzie Energy shall defend, indemnify, and hold Customer harmless against all claims and liabilities resulting from Bimzie Energy’s negligence or breach of this Agreement and arising prior to the delivery of the Retail Energy to the relevant Delivery Point, except to the extent such claims and liabilities arise out of Customer’s negligence or breach of this Agreement. Customer shall assume full responsibility for any damages or losses relating to the delivery of the Retail Energy at and after its delivery to the relevant Delivery Point and shall defend, indemnify, and hold Bimzie Energy harmless against all claims and liabilities arising at and after the delivery of the Retail Energy to the relevant Delivery Point, except to the extent such claims and liabilities arise out of Bimzie Energy’s negligence or breach of this Agreement.

XIV. ASSIGNMENT

This Agreement shall be binding on and inure to the benefit of each Party’s successors and permitted assigns. Neither Party shall assign this Agreement or its rights without the prior written consent of the other Party, which consent shall not be unreasonably withheld, conditioned or delayed.

XV. WARRANTY, DISCLAIMER AND LIMITATION OF LIABILITY

Bimzie Energy warrants title to all Retail Energy delivered hereunder and sells such Retail Energy to Customer free from liens and adverse claims. THIS IS BIMZIE ENERGY’S ONLY WARRANTY CONCERNING THE SERVICES PROVIDED HEREUNDER AND IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR OTHERWISE. EXCEPT AS PART OF ANY PAYMENT OF THE SETTLEMENT AMOUNT IN ACCORDANCE WITH THE TERMS HEREOF, NEITHER PARTY SHALL BE RESPONSIBLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ADDITION, BIMZIE ENERGY’S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL OF THE FIRST TWO BIMZIE ENERGY INVOICES REFLECTING THE ENERGY COST SPECIFIC TO CUSTOMER'S METER READS AS THE SOLE AND EXCLUSIVE REMEDY, AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE EXPRESSLY WAIVED. TO THE MAXIMUM EXTENT POSSIBLE UNDER LAW, ARTICLE 2 OF THE UNIFORM COMMERCIAL CODE SHALL APPLY TO THE RETAIL ENERGY SOLD HEREUNDER.

XVI. ENTIRE AGREEMENT; AMENDMENT

This Agreement constitutes the entire understanding of the Parties with respect to the subject matter hereof. This Agreement may only be amended by a written instrument executed by both Parties. This Agreement is effective only upon Customer’s execution and Bimzie Energy’s subsequent execution or performance of this Agreement.

XVII. COUNTERPARTS

This Agreement may be executed in one or more counterparts and each executed counterpart shall be considered an original.

XVIII. ONSITE GENERATION

Installed on-sites generation as recognized under Governing Law or regulatory rule(s) such as a solar panel to supply all or part of your electrical usage and is currently or will be net metered during the term of this Agreement must be disclosed in the Offer. If you plan to install new onsite generation that will be net metered during the term of this Agreement, you agree to provide Bimzie Energy with sixty (60) days prior written notice for Bimzie Energy to determine and/or confirm your net metering eligibility, and if eligible, to continue to serve you or to serve you at your current Rate. Unless prohibited by Governing Law or regulatory rule(s) applicable to this Agreement, failure to furnish this material information prior or subsequent to receiving electricity service under this Agreement may result in, at Bimzie Energy’s sole discretion, discontinuation of the enrollment of your account(s), adjustment of your offered Rate, or termination of this Agreement as an Event of Default under the Termination of Services provision of this Agreement.

XIX. STATE DISCLOSURES/RESCISSION

Bimzie Energy’s Ohio Certification Number is 15-950E(1) as a CRES. Customer has the right to request from Bimzie Energy twice within a twelve month period up to twenty-four months of Customer’s payment history without charge; Customer may be charged switching fees by the EDC. Bimzie Energy is prohibited from disclosing a customer's social security number and/or account number(s) without the customer's consent except to its own collections and credit reporting, participation in programs funded by the universal service fund pursuant to section 4928.52 of the Revised Code, or assigning a customer contract to another CRES provider. Rescission: As a Residential customer you have the right to rescind this Agreement within seven (7) calendar days from the date of postmark of the Utility’s confirmation notice you will receive upon enrollment with Bimzie Energy. You may rescind by either contacting us at 614-412-5757. If you contact your Utility to rescind this Agreement, your Utility will give you a cancellation number to confirm the cancellation.

IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed by a duly authorized representative in duplicate, effective as of the date first written above.