ALBERTA CO-OPERATIVE ENERGY - YOUR ENERGY CO-OP

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.

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Standard Terms and Conditions

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1.0 How we define certain key terms in our Contract:

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These terms and conditions are approved by the Director of Fair Trading pursuant to the Energy Marketing Regulation. They have been drafted in plain language to make it easy for reference and understanding.

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Contract:  These terms and conditions, the Product Sheet (i.e. sign up form) and the Recorded Call if applicable and reiterated on your invoice. When you sign up with ACE our customer service team sends you an email (or a letter if you don’t have email) which confirms the terms of the agreement and a link to the terms and conditions.

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Directive:  Any contract with a Distribution Company or its tariffs, policies or directives.

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Distribution Company:   The organization that operates your local natural gas or electricity distribution system, including the load settlement agent.

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Early Exit Fee:  Your cost to end your Contract or to stop service for a Site (included in your multi-site contract) with us before the Contract’s expiry date. The amount is described in section 8.4 of these Terms and Conditions and included in the Product Sheet.

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Energy:  The natural gas or electricity, or both, that you are buying under this Contract.

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Energy Charge: The price per unit that you agree to pay for the Energy supplied to you under this Contract. It is described in the Product Sheet or the Recorded Call and reiterated on your invoice.

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Laws: Any law, regulation, Directive or other legal requirement relating to this Contract or the supply, sale, receipt and purchase of Energy.

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Other Charges:  The amounts you will pay us in addition to the Energy Charge that are related to the supply of Energy and services under this Contract. They are charged by third parties related to third party enrollment and exit fees, franchise fees, local access fees, transportation charges, transmission charges, delivery charges and Taxes. They also include amounts charged by us that are described in the Product Sheet or the Recorded Call.

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Product Sheet: The document titled “Product Sheet” that describes what you are purchasing and your personal information.

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Recorded Call:  The recorded telephone call that describes what you are purchasing and your personal information. A telephone call conducted to verify a written agreement is not a Recorded Call.

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Retail Energy Management Rate (otherwise referred to as Retail Transaction Fee):  The service rate(s) specified on the Product Sheet (i.e. sign-up form)  or in the Recorded Call payable per unit of Energy that you consume as part of your Variable natural gas rate or Fixed natural gas rate or Combination natural gas rate or Variable electricity rate or Fixed electricity rate or Combination electricity rate or micro-gen rate (if applicable).

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Site:  Your home, business or other locations noted as Site ID numbers in the Product Sheet or the Recorded Call.

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Site Administration Fee: The amount set out in the Product Sheet or the Recorded Call that we charge you each month for each Site to administer your account.

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Start Date: The date on the Product Sheet or in the Recorded Call you will first receive Energy from us under this Contract.

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Taxes:  All lawful taxes and charges related to your purchase of Energy and services under this Contract.

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Variable (otherwise referred to as wholesale or floating) electricity rate:​

The load-weighted average flow-through of the wholesale market price for electricity plus a retail energy management rate. Your Variable electricity rate will change each billing period and includes cost of the profiled load shape assigned by the Distribution Company, line losses, unaccounted for energy, AESO energy marketing trading charges, uplift charges and any other costs directly incurred by ACE for the purchase of electricity from the Supplier at the AESO hourly price. The Variable Rate plan expiry date is intended primarily as an administrative tool. Prior to the expiry of a Variable Rate plan, you have the option to select another rate plan, otherwise you will be automatically defaulted to the Variable Rate plan.

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Variable electricity rate is calculated as follows:
VEP = SUM ((HC + LL + UFE)*(PP+EMTC + PSM + ALM)) + REMR + SC       SUM(HC)

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Where
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 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”);
PSM: means the hourly PSM charges, as published by the AESO and charged by the AESO to retailers to pay for the uplift payments that the AESO pays to the generators of electricity.

ALM: means the hourly Adjustment to Load on Margin charges, as published by the AESO.
EMTC: means the energy market trading charge as published by the AESO;
REMR: means the Retail Energy Management Rate, payable per kWh, for electricity provided to you through our services.
SC: means the supplier charge, payable per kWh provided.

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Fixed electricity rate (otherwise referred to as a fixed guaranteed rate): ​

A Fixed electricity rate (otherwise referred to as a fixed guaranteed rate) is a predetermined rate plus a retail energy management rate that is valid up to a defined expiry date which is shown on a customer's monthly invoice. Prior to the expiry of a Fixed Electricity Rate Plan, you need to select a new rate. Otherwise you will be automatically moved to the variable rate once your Fixed Rate plan expires.

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Combined Variable and Fixed electricity rate: ​

A Combined Variable and Fixed electricity rate is a blend of two of our rate plans – Variable (otherwise referred to as wholesale or floating) and Fixed for electricity plus a retail energy management rate. Your rate is either the variable rate or the fixed rate, as per the specifications of your contract. Prior to the expiry of a Combined Variable and Fixed Electricity Rate Plan, you need to select a new rate. Otherwise, you will be automatically moved to the variable rate once your Combined Variable and Fixed Rate plan expires.

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Hybrid Small-Scale Micro-generator rate:

The Hybrid Small-Scale Micro-generator rate is a combination of the Small-Scale Micro-Generator High Rate and Small-Scale Micro-Generator Low Rate for micro-generators for electricity plus a retail energy management rate. Your rate is either the Small-Scale Micro-Generator High Rate or the Small-Scale Micro-Generator Low Rate, as per the specifications of your contract. Prior to the expiry of a Hybrid Small-Scale Micro-Generator Rate Plan, you need to select a new rate. Otherwise, you will be automatically moved to the Small-Scale Micro-generator rate plan once your Hybrid Small-Scale Micro-Generator Rate plan expires.

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In a locally or provincially declared emergency, those micro-generators in the affected area(s) may be defaulted to a lower rate for the duration of the declared emergency. If a micro-generator is affected by the declared emergency and not in the affected area(s), the micro-generator may contact ACE to request reduction of their small-scale micro-generator rate to the current pricing available to non-micro-generator customers.

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Variable natural gas (otherwise referred to as wholesale or floating) rate: ​

A volume-weighted average flow-through of the daily spot market price for the purchase of natural gas by ACE from the Supplier plus a retail energy management rate. 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 ACE, including any UFG-Related Charges, directly related with the purchase of natural gas volumes from the Supplier for the Site(s). The Variable Rate plan expiry date is intended primarily as an administrative tool. Prior to the expiry of a Variable Rate plan, you have the option to select another rate plan, otherwise you will be automatically defaulted to the Variable Rate plan.

 

Variable natural gas rate is calculated as follows:
VNG = SUM(CONS+UFG )*(CGPR5ADaily Index ) + REMR + SC     SUM (CONS)
 

Where

CONS: means daily natural gas consumption in GJ as determined by the Distributor;
CGPR5A Daily Index: means the NGX AB-NIT line 5A as published by Canadian Gas Reporter, per GJ, for each day in the billing cycle;
REMR: means the Retail Energy Management Rate, payable per GJ, for natural gas provided to you through our services.
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.
SC: means the supplier charge, payable per GJ provided.

 

Fixed Natural Gas Rate (otherwise referred to as a fixed guaranteed rate): ​

A Fixed natural gas rate (otherwise referred to as a fixed guaranteed rate) is a predetermined rate plus a retail energy management rate that is valid up to a defined expiry date which is shown on a customer's monthly invoice. Prior to the expiry of a Fixed Natural Gas Rate Plan, you need to select a new rate. Otherwise you will be automatically moved to the variable rate once your Fixed Rate plan expires.

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Combined Variable and Fixed natural gas rate: ​

A Combined Variable and Fixed natural gas rate is a blend of two of our rate plans – Variable (otherwise referred to as wholesale or floating) and Fixed for natural gas plus a retail energy management rate. Your rate is either the variable rate or the fixed rate, as per the specifications of your contract. Prior to the expiry of a Combined Variable and Fixed Natural Gas Rate Plan, you need to select a new rate. Otherwise, you will be automatically moved to the variable rate once your Combined Variable and Fixed Rate plan expires.

 

2.0 Supply of Energy:

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2.1 Conditions for supplying Energy​

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a) Before we supply you with Energy and services, you must meet our credit requirements, and you must continue to meet our credit requirements; and

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b) Before we supply you with Energy and services, the Distribution Company must enroll your Site with us designated as your retailer.

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2.2 Credit requirements and deposits​

You agree to provide us with and authorize us to receive from third parties reasonable financial and credit information if we request it. We will use it to evaluate your creditworthiness, and as a result we may require a deposit at any time during the term of this Contract.

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2.3 Appointing us as your agent​

By entering into this Contract, you appoint us as your limited agent to deal with third parties for all purposes related to the performance of this Contract. In this role, we will conduct activities such as enrolling your Site, acquiring and arranging for the supply of Energy and services to you, and billing you for the Energy and services supplied to you. You authorize the Distribution Company to give us your consumption information and any related information that we may require. This agency relationship ends when both of us have completed all obligations under this Contract and any renewal of it.

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When we act as agent, we only do so for the purposes directly related to this Contract. You are free to make your own decisions about the Energy and Contract you choose, and you agree that we are not your financial advisor and therefore have no liability for your choices.

 

 

3.0 Billing, Metering and Payment

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3.1 Billing

​We will bill you regularly and you must pay your bill. Your bill includes charges for all Energy supplied to you based on the Energy Charge, Other Charges, Site Administration Fee and any deposit. Occasionally your bill will contain charges or credits for adjustments related to those charges or your Energy consumption.

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3.2 Estimated and actual consumption

​The portion of your bill related to consumption is based on your metered Energy consumption and estimates of consumption that we or the Distribution Company make. Periodically, we will make adjustments between estimated and actual consumption and bill you a debit or credit.

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3.3 Late payments or disputed invoices

​If we do not receive your payment by the date indicated on the bill, we will charge you the late payment fee set out in the Product Sheet or in the Recorded Call. You have the right to dispute incorrect calculations or estimates if you inform us promptly, but you must pay your bill in full while a dispute is being resolved. If you are correct, we will adjust your bill. You are responsible for all legal and collection fees associated with us trying to collect any amounts owing, including Early Exit Fees.

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3.4 Use of deposit

​We may use any deposit made by you for the payment of any amounts owing pursuant to this Contract.

 

4.0 Changes to the supply of Energy and ending this Contract

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4.1 Moving

​a) You must give us at least 45 days’ advance notice before you move and tell us your new address. If the new location is within a territory we serve, we will amend this Contract to apply to your new location. Any interruption in supply of Energy or services caused by your failure to give us 45 days’ notice and any additional costs either of us incur in serving the new location will be your responsibility.​

b) If you move out of Alberta or to a territory we do not serve, then on the date of your move, this Contract will end without liability to either of us. If you move to a territory where we supply only electricity or natural gas, then, on the date of your move, this Contract, as it applies to the other commodity, will end without liability to either of us.​

c) If we cannot supply electricity or natural gas, or both, to your new location for any other reason (including that a third party supplies you with electricity or natural gas, or both), this Contract, as it applies to electricity or natural gas, or both, will end and we may charge you the Early Exit Fee.

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4.2 Transferring this Contract

​You may transfer this Contract to another person with our consent, which may be withheld. We may transfer this Contract to another Energy retailer by giving you notice.

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4.3 We can end this Contract if…

​We can end this Contract and charge you the Early Exit Fee if you:

​a) do not pay your bill in full by the date on your bill;

​b) do anything that prevents us from supplying you with Energy or services;

​c) increase your consumption above 2500 GJs or 250,000 kWhs per year; or

​d) do not give us satisfactory financial or credit information, do not give us a deposit when we request one, or do not meet our credit requirements.

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4.4 You can end this Contract if…

​You can end this Contract without cost or payment of the Early Exit Fee:

​a) within 10 days after a copy of this Contract, signed by you, is received by us; or

​b) within 60 days after the date you receive your first bill from us if this Contract was entered into during a Recorded Call; or

​c) if another contract presently exists for the supply of Energy to your Site (but not if the existing contract expires on or before the start of this Contract).

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4.5 You can also end this Contract…

​You can also  end this contract without payment of the Early Exit Fee within one year from the date this Contract is entered into if we i) do not set out the date the supply of Energy or services will begin; ii) do not begin the supply of Energy or services within 30 days of that date (unless you expressly authorize the late start); or iii) were not properly licensed when we entered into this Contract.

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4.6 De-Enrolling You with the Distribution Company

​Should you choose to end this contract, we will ask the Distribution Company to de-enroll your Site. When it does, you will receive Energy from a default supplier or another retailer you choose. The obligations under this Contract will not end until the de-enrollment is finished, and we have each completed all of our obligations to each other.

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4.7 Payment of Early Exit Fee

​If we charge you the Early Exit Fee, it will appear on your bill. If you do not pay it to us by the date indicated, we will charge you the late payment fee.

 

5.0 Unexpected Events

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5.1. Inability to Perform

​Certain events beyond our control may make it impossible for us to supply Energy or services to you. We are not legally responsible to you in those events and will resume supplying Energy or services as soon as we reasonably can. This Contract will otherwise remain in full effect.

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5.2. Change of Laws

​If we believe a change in Laws requires that we make a change to this Contract, we will notify you and the changes will apply 30 days after the notice is sent. The Energy Charge and expiry date will not change unless you agree. If a change in Laws stops us from supplying Energy or services under this Contract or creates additional costs for us that are not included in Other Charges, then we may end this Contract. If so, we will notify you and 30 days after the notice is sent, this Contract will end without liability to either of us.

 

6.0 Other duties and responsibilities

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6.1 Promises

​We both need each other’s assistance to successfully perform this Contract. Therefore, we both promise to comply with Laws and to help each other in enrolling your Site.

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6.2 LIMITATION ON RESPONSIBILITY

​WE DO NOT CONTROL THE PHYSICAL SYSTEMS THAT CARRY YOUR ENERGY AND THEREFORE WE DO NOT CONTROL WHETHER OR HOW YOU RECEIVE ENERGY. WE HAVE NO CONTROL OVER THINGS SUCH AS THE QUALITY, PRESSURE, VOLTAGE, FREQUENCY OR CONTINUITY OF YOUR ENERGY OR ITS SUPPLY. OTHERS, INCLUDING THE DISTRIBUTION COMPANY, CONTROL THESE THINGS AND WE ARE NOT RESPONSIBLE FOR ANY OF THEM. WE ARE ONLY RESPONSIBLE FOR DAMAGES CAUSED DIRECTLY BY OUR ACTIONS (AND SPECIFICALLY EXCLUDE LIABILITY FOR THE ACTIONS OF THOSE FOR WHOM WE ARE NOT RESPONSIBLE AT LAW). WE ARE NOT RESPONSIBLE FOR PUNITIVE, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES OR DAMAGES FOR LOSS OF USE, REVENUE, PROFIT OR OPPORTUNITY.

 

7.0 Miscellaneous

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7.1 Privacy

​Our privacy policy governs the way we use the information you give us. We only use it to establish and collect money for your account, to supply Energy under this Contract, to meet our contractual obligations with others, for law enforcement activities and to communicate with you about our other services. You consent to us collecting, retaining, using and disclosing your information in this way unless you contact us and tell us otherwise. Any withdrawal of consent that prevents us from supplying Energy and services will result in the application of the Early Exit Fee. If you have any questions about the collection or use of this information, please visit our website or contact us by calling the number on your bill.

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7.2 Notices

​Each of us must deliver any notice related to this Contract to the other’s address on the Product Sheet. You are required to produce independent evidence that the notice was delivered. Each of us may change our address by giving notice to the other.

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7.3 Entire Contract and execution

​We both agree that this Contract is the only thing we may look to as the evidence of the agreement between us. Except for changes to personal information and the like, we both can only amend this Contract in writing or by telephone if allowed by Laws.

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7.4 Waiver, remedies and sections that don’t end

​No failure or delay to exercise a right under this Contract will cancel that right. Seeking one remedy does not prevent either one of us from seeking any other remedies we are entitled to seek. Section 6.2 does not end when this Contract ends but stays in effect.

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7.5 Fixing legal problems with this Contract

​If any part of this Contract is illegal or cannot be enforced, we both agree that it will be fixed to be legal and enforceable. If that part cannot be fixed without changing our intention in this Contract, it will be removed, and the rest of this Contract will stay in effect.

 

8.0  Additional terms and conditions applicable to the products are:

 

8.1 I understand I may cancel this contract without cost or penalty within 10 days after a copy of the marketing contract, signed by the consumer, is received by Alberta Co-operative Energy (ACE).

 

8.2  In order to process the contract, I authorize a credit check to be performed for the purposes of obtaining a credit score; the credit check will be conducted by Alberta Co-operative Energy's Billing Agent.

 

8.3  The Price does not include the Site Administration Fees at the rates identified on the Product Sheet or in the Recorded Call.

 

8.4  I may cancel this Contract or stop service for a Site (included in my single or multi-site contract) from my energy plan prior to the end of the Term at any time without cost or penalty unless the Product selected indicates an Early Exit Fee is applicable. The Early Exit Fee may be waived if another ACE fixed rate product is selected and approved. If ACE terminates this agreement, in whole or in part, upon a Customer Event of Default or if the Customer cancels or terminates this agreement (except pursuant to an ACE Event of Default) then the Customer will pay ACE the following Early Exit Fee: (Contract Value plus Costs) minus Market Value, so long as the Contract Value plus Costs is greater than the Market Value. If the Contract Value plus Costs is less than the Market Value, the Early Exit Fee will be deemed to be zero.

 

Except as otherwise specified in this Agreement, ACE will calculate, and I will be subject to, the Early Exit Fee for each Site, as determined in ACE’s discretion.

 

For the purposes of this section:

Remaining Contract Volume means the quantity of electricity or natural gas that the Customer has agreed to purchase (based on historical consumption (where available) or based on typical consumption for a customer of similar class) at some or all of the Sites for the periods specified in the applicable Energy Contract(s) less the quantity of electricity or natural gas that the customer has already consumed since the start of the agreement.

 

Contract Value means the Contract Price multiplied by the Remaining Contract Volume, for all terminated Sites and Energy Contract(s).

 

Market Value means the amount, as determined by ACE as of the Early Termination Date, a valid third party would pay for the Remaining Contract Volume at the current market prices, for all terminated Sites and Contract Volumes.

 

In determining Market Value, ACE may consider, among other things, quotations from dealers in the wholesale energy industry, ACE's internally developed forward price valuations and other genuine offers from third parties as commercially available to ACE and adjusted for the length of the remainder of the applicable term(s) and differences in volume and other factors, as ACE reasonably determines, based on the remaining contract volume that ACE would have supplied to the customer (based on historical consumption (where available) or based on typical consumption for a customer of similar class) had this Energy Contract and/or associated Sites not been terminated, from the date of de-enrollment for each applicable Site to the end of the term.

 

Costs means brokerage fees, commissions and other similar transaction costs and expenses reasonably incurred by or on behalf of ACE in terminating, liquidating or obtaining any arrangement pursuant to which it has hedged its obligations, and legal fees, expenses and costs, if any, incurred in connection with enforcing its rights and collecting any unpaid amounts under this agreement, including all reasonable out-of-pocket costs and legal fees incurred by ACE which result from the early termination of this agreement.

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8.5  Cooperative membership is optional; if selected and approved I will receive a membership share to Alberta Co-operative Energy (ACE).

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8.6  I am also responsible for Other Charges set out in the Standard Terms and Conditions. Other Charges not mentioned in the terms and conditions that I may be charged are:

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Late Payment Charge: if you pay your bill after the due date set out in your bill, you will be required to pay a late payment charge of 2.0% per month (26.82% per annum) on any amounts outstanding after the payment due date.

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9.0  Where Alberta Co-operative Energy (ACE) has entered into a joint venture with a Marketing Partner to perform the services of the Energy Marketer as an independent contractor to advertise and promote Alberta Co-operative Energy (ACE)'s Energy Services, the business names of any and all Marketing Partners are listed on Alberta Co-operative Energy (ACE)’s website located at https://www.acenergy.ca/. The Energy Marketers listed on our website operate as a marketing partner of Alberta Co-operative Energy (ACE), a licensed marketer of energy under the Consumer Protection Act. You are entering into this Energy Agreement with Alberta Co-operative Energy (ACE), and we are providing you with the Energy Services. As part of our contract with the Energy Marketer, the Energy Marketer has agreed to abide by ACE’s Code of Conduct and ACE’s Privacy Policy, both of which are posted on our website https://www.acenergy.ca/.  Alberta Co-operative Energy (ACE) requires that all representations made to its Customers (by the Energy Marketer) adhere to and comply with ACE’s guiding principles set out in ACE’s Code of Conduct and ACE’s Privacy Policy.

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