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Title Warehouse/ Pulling/Picker/ Order/ Assembly line
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v. TOU103123 Ambit Energy (PUC Cert # 10117) Page 1The following is your Terms of Service Agreement(Agreement, TOSA) with Ambit Texas, LLC d/b/a Ambit Energy (Ambit Energy, Ambit, we, our) that explains the terms and conditions that govern your electric service with Ambit Energy. This TOSA, together with your enrollment documentation, your Electricity Facts Label (EFL), and the Your Rights as a Customer (YRAC) document compose your Contract with Ambit Energy. Please retain the TOSA, the YRAC, and the EFL for your records.By accepting service from Ambit Energy, you have agreed to be bound by the terms of your Contract. You acknowledge that you are a residential customer, and that you have the responsibility for making sure you have selected the electricity plan that is the most appropriate one for which you qualify. For details of the particular electric product you have purchased, please see your EFL, and for your general rights as an electric customer, please consult your YRAC. Ambit Energy is certified as a Retail Electric Provider (REP) by the Public Utility Commission of Texas (PUCT), PUCT Certificate #Street Address . The Parties to the Agreement are Ambit Energy and the customer.product type: The PUCT requires electricity plans to be classified into one of three categories  fixed rate, indexed, or variable price.fixed rate products: Fixed rate products have a specified contract term of three months or more where the rate remains fixed for the length of the term. The price of a fixed rate product may change during a contract term only to reflect changes in TDU charges, changes to the Electric Reliability Council of Texas (ERCOT) or 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 REPs, including Ambit Energy, that are beyond our control. Price changes resulting from these scenarios do not require us to provide you with advance notice. The bill issued after this change goes into effect will notify you that a price change has been made.term indexed products: Term indexed products have a specified contract term of three months or more and a price that may change according to a predefined pricing formula. This formula is based on publicly available indices and information. For more information about the formula that pertains to the plan you have chosen, please refer to your EFL. The price for term indexed products may also change without advance notice to reflect changes in TDU charges, changes to the Electric Reliability Council of Texas (ERCOT) or 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 Ambit Energy that are beyond our control.To receive important communications from Ambit regarding your account and price volatility, an active communication method of either an email address or mobile phone number is strongly encouraged.variable price products: Variable price products have a month-to-month contract term and a price that may change after the first billing cycle according to a method determined by Ambit Energy. For variable price products, advance notice is not required for price changes.VERSION DATE: OCTOBER 31, 2023Ambit Texas, LLCTexas ResidentialTerms of Servicecontact informationwww.ambitenergy.comP.O. Box 864589Plano, TX 75086Customer Service PHONE NUMBER AVAILABLEFax PHONE NUMBER AVAILABLEoperating hoursMonday  Sunday7:00 a.m.  10:00 p.m. CTAmbit Energy will arrange for the delivery of electricity from your local energy delivery company, officially referred to as your Transmission and DistributionUtility (TDU), to the service location designated by you pursuant to this Agreement.outage reportingIn the event of an outage in your area, please call your local TDU.Oncor Electric Delivery PHONE NUMBER AVAILABLECenterpoint Energy PHONE NUMBER AVAILABLEAEP Texas Central PHONE NUMBER AVAILABLEAEP Texas North PHONE NUMBER AVAILABLETNMP PHONE NUMBER AVAILABLELubbock Power & Light PHONE NUMBER AVAILABLEAmbit Energy is not liable for service interruptions or outages. Any questions relating to your electric distribution lines or meters should be directed to your TDU listed above. v. TOU103123 Ambit Energy (PUC Cert # 10117) Page 2 product selection: Customer understands andacknowledges that Product selection at enrollment is subject to Ambit Energy approval, based on the premise type, service class and/or load zone that was previously assigned to customers account by customers TDU. If the information received from the TDU does not match the requested Ambit Energy product, customer agrees that Ambit Energy may switch the product type to match information received from the TDU, if one is currently offered by Ambit Energy. Customer understands that if the product is changed to one which matches the correct premise/service class type, rates may vary. You will receive written notice of the products terms and will have the ability to exercise your right of rescission as described below (See Rescission Period). If you are a new customer, your selected product will become effective on the day your service begins with Ambit Energy, which coincides with the date your meter is read by your TDU. Because this date is determined by your TDU, Ambit Energy is not able to commit to a specific date for the commencement of service. If you are currently an Ambit Energy customer and are switching to another product, your selected product will become effective within twenty-four(24) hours of the request to switch to the new plan. Some products may require a smart meter that records your usage in more frequent periods. You will only be eligible for these products if the appropriate meter and any other necessary equipment are installed at your location. Without a smart meter, you will be moved, without penalty, to a variable- price product on a month-to-month basis unless you select another product.ambit home services: If Ambit Surge Protection and/or AC/ Heat Shield plans become sixty (60) days past due, both will be cancelled. Partial bill payments, including those pertaining to Payment Plan Arrangements and Deferred PaymentPlans may not be applied to the Home Services amount due. Contact Allied Warranty at PHONE NUMBER AVAILABLE or go online at alliedwarranty.com to make a claim or schedule a service request. Please review your Allied contract for contract terms and conditions.contract renewal: If you are on a Fixed Rate Product we will send you three contract expiration notices evenly distributed, to the extent practicable, during the last third of the contract period. If you are on a Fixed Rate Product that has a contract term of greater than four months, we will send your final written notice at least thirty (30) days in advance of contract expiration. If you are on a Fixed Rate Product that has a contract term of four months or fewer, we will send your final written notice at least fifteen (15) days in advance of contract expiration. If you are on a term product other than a Fixed Rate Product, we will send you a contract expiration notice between thirty (30) to sixty (60) days in advance of contract expiration. You do not need to take any action in response to the contract expiration notice in order to continue to receive service, which will be provided under a Ambit Energy default month- to-month renewal product under these same terms of service. The contract expiration notice will let you know what you need to do if you want to renew your service to another term or change your service plan. The EFL for your month-to- month default renewal product, which will describe its pricing terms, will be included with your final contract expiration notice.pricing: Your price per kWh for electricity service is listed under the Electricity Price Section of the EFL. The price on the EFL does not include non-recurring fees charged by the TDU, Ambit Energy non-recurring fees noted in this Agreement, ERCOT charges, fees imposed by any government entity, and taxes, all of which will appear as separate line items on your bill, and which you agree to pay as they occur. You are responsible for all Federal, state and local taxes and fees. Transmission and Distribution surcharges may apply depending on which TDU serves you. Ambit Energy-related fees include all fees specifically noted in this Agreement. Ambit Energy reserves the right to include in any subsequent bill adjustments related to previous billings, billing errors, meter-read errors, miscalculation of taxes, or other errors or omissions. Customers that move between TDUs during the term of their product will be subject to the rate of the corresponding product for the new TDU. We may calculate a bill based on estimated meter readings absent actual meter readings from the TDU. Once actual meter readings are received, we will make adjustments on a subsequent bill. non-recurring tdu fees: You may be charged non-recurring fees that originate from the TDU. Such fees are a result of a service order requested for your service location. The fee amounts are set by each TDU, and will be listed as a separate line item on your bill. Non-recurring TDU charges may include, but are not limited to: out-of-cycle meter reads and self selected switches, disconnection and reconnection fees, move-in fees, meter tests, meter-tampering penalties and costs, and broken meter-seal repairs.ambit fees: You may be charged non-recurring fees for services Ambit Energy provides, which will apply in cases as described below. Such fees will be listed as separate line items on your bill. The Non-Recurring Ambit Energy Fees listed below do not include TDU non-recurring fees, which will also appear as separate line items on your bill. agent processing fee: For payments processed by an Ambit Energy Customer Care Representative, a $5.00 Payment Processing Fee will apply. late payment penalty: Late payments and delinquent or past-due balances will result in a fee equal to five (5) percent of the invoiced past-due amount.Ambit Texas, LLCTexas ResidentialTerms of Servicev. TOU103123 Ambit Energy (PUC Cert # 10117) Page 3 non-sufficient funds: For each transaction notprocessed due to insufficient funds, including (1) returned check, (2) returned electronic fund transfer, and/ or (3) rejected credit card transaction, a $25.00 Returned Check or $25.00 Non-Sufficient Funds Charge will apply. Ambit Energy reserves the right to require alternate and verifiable payment methods, after multiple returned checks or failed payments have occurred. electronic processing fee: One-time payments will incur a $2.50 fee. disconnect notice fee: For the issuance of a disconnect letter to you, a fee of $10.00 will apply. disconnect fee: For the issuance of a disconnect order to your TDU, a $15.00 fee will apply. reconnect fee: For the issuance of a reconnect order to your TDU, a fee of $40.00 will apply. early termination fee: We may charge a fee for early cancellation of your Contract; check your EFL for more information. serial payment fee: If you make more than five payments in a month, we may charge up to $4.95 for the sixth payment in the month and for each successive payment in that same month. other fees: If additional fees apply to your product, they will be described in your EFL.right to rescind: If you are switching to Ambit Energy from another REP, you may rescind this Agreement without fee or penalty of any kind within three (3) federal business days after receiving the Terms of Service document from Ambit, and notifying Ambit by phone toll-free at PHONE NUMBER AVAILABLE or by fax at PHONE NUMBER AVAILABLE If rescinding by fax, please write the name, address, phone number, and ESI ID on the account, sign it, and specify that you are rescinding this Agreement within three (3) federal business days of receiving Ambit Energys Terms of Service.cancellation rights: To cancel this Agreement, you may call or fax us at the contact information provided above. Cancellation is permitted for any reason. However, if you enrolled under a fixed-rate product, you agree to remain a customer of Ambit Energy until the term expires or be subject to an early termination fee, as specified in the EFL. You may also cancel your Agreement with Ambit without penalty if (1) Ambit Energy notifies you of a material change to the Terms of Service and you elect to opt out of the Agreement due to the material change (see the Material Change provision of this Agreement for more information), or (2) you move to another service location and provide evidence that you are moving along with a forwarding address. Ambit Energy reserves the right to terminate this Agreement for non-payment, fraud, believable threats or harm made by the customer to Ambit Energys owners, employees or contractors, or for insufficient payments past the due date. Regardless of the method or reason for cancellation of the Agreement, you are responsible for all outstanding charges incurred through the date on which the cancellation is effected by the TDU.payments: You will receive a monthly bill; however, Ambit Energy may choose not to send you a bill if your balance is equal to or less than $5.00. All bills rendered are due and payable sixteen (16) days after issuance (Due Date), which is defined as the statement date on your invoice or the postmark date on the envelope, whichever is later. Bills shall be deemed past due and delinquent if payment is not received by Ambit Energy at the close of business on the day the bill is due.automatic payment (auto pay): If you enroll in Ambit Energys AutoPay program, you understand and agree that Ambit Energy will directly debit your amount due as follows: Checking or savings account  five (5) days prior to the invoice due date. Credit Card  one (1) day prior to the invoice due date. You agree to keep your registered bank account active and its information current with Ambit Energy. If an AutoPay transaction fails due to insufficient funds, you will be charged a $25.00 returned-transaction fee. paperless billing: Enrollment in Ambit Energys electronic Paperless Billing program requires your consent to send you important information electronically. Upon enrollment, you may receive your paper statement for one more billing cycle through the mail at your billing address. Thereafter, you will receive a monthly billing statement at the email address you provided. You agree to provide and keep your email address current with Ambit Energy. If any electronic communication(collectively, electronic communication), including paperless billing statements are returned to Ambit Energy as undeliverable, you remain responsible for ensuring timely payment. Paperless bills and all other communication are always available through your online account at ambitenergy. com. Should your email be deemed undeliverable by Ambit Energy, we will attempt to contact you by phone or other means determined by Ambit Energy.You understand and agree that Ambit Energy may provide you with all disclosures, notices and other communication(collectively, communication) regarding your Ambit Energy account in electronic form. This communication includes, but is not limited to: monthly billing statements, disconnect notices, payment reminder notices and change in terms of service notifications. You may withdraw your consent to receive electronic communication or update your email address by one of the following methods:Ambit Texas, LLCTexas ResidentialTerms of Servicev. TOU103123 Ambit Energy (PUC Cert # 10117) Page 4 Through your MyAmbit Account: Log in at ambitenergy. com. Go to the My Bill section and click the Edit/Cancel button to change back to paper billing and postal mail communication. Go to the My Profile section to edit your email address.By Phone: You can call Ambit Energy at PHONE NUMBER AVAILABLE to withdraw your consent to paperless billing and electronic communication. To ensure that our monthly billingstatements and other electronic communication are not treated as junk mail by your email account provider, please add the following email address to your email address book: donotreply@ambitenergy.com.e-plan discount: Ambit Energy offers discounts on specific products (residential only) with continued enrollment in Paperless Billing and Automatic Payment. See eligible products Electricity Facts Label (EFL) for details. voluntary bill-payment assistance program: The Ambit Energy Aid program is available to customers who have severe financial hardships and temporarily may be unable to pay their bills. This program is funded in part by contributions from Ambit Energy and our employees and customers. You may contribute to this program on your bill each month. If you are in need of bill payment assistance, please call 211 or visit 211texas.org or contact your local health and human services department or the Texas Department of Housing and Community Affairs.payment plan arrangements: If you are unable to pay your bill on time, please call Customer Care immediately. You may be eligible for a payment arrangement that allows you the option of paying after the bill due date, but before the due date of the next bill. Or you may qualify for a deferred payment plan that allows you to pay an outstanding balance over a period of time.deferred-payment plans: A deferred payment plan is an agreement between Ambit and a customer that allows a customer to pay an outstanding balance in installments that extend beyond the due date of the current bill. A deferred payment plan may be established by contacting Ambit by telephone, all deferred payment plans shall be confirmed in writing by Ambit Energy.A deferred-payment plan requires an initial payment of twenty-five (25) percent of the outstanding balance, and the remaining balance to be paid over at least (3) three billing cycles. Your service may still be terminated and disconnected if you do not meet the requirements of a deferred-payment plan. We will notify you in writing at least ten (10) calendar days before we disconnect electric service. A switch-hold will be applied to your ESI ID if you enter into this payment plan. Additionally, your TDU will apply a switch-hold to your ESI ID if there is evidence of meter tampering. A switch-hold means that you will not be able to buy electricity from other companies until you have satisfied the terms of your payment arrangement or, in cases of meter tampering, have satisfied payment of the applicable charges and backbilling. While a switch-hold applies, if you are disconnected for non-payment, you will need to pay Ambit Energy to have your electricity service restored.average billing: Ambit Energys Average Billing program provides you the convenience of budgeting your household electricity expense by calculating your current monthly bill based upon a rolling 365-day historical average usage. If there is no previous billing in your name at the service address, we will take the historical usage at that service address and apply your current price to estimate your average monthly amount. Customers who establish their low-income status with Ambit shall qualify for Ambit Energys Average Billing. Customers who are not currently delinquent in payment or who meet other certain criteria will also qualify for Average Billing. Additionally, if you are delinquent in payment when you begin Average Billing, you may be required to pay up to fifty (50) percent of the delinquent amount, with the remaining delinquent amount to be paid in at least five (5) installments, or at Ambit Energys option the remaining delinquent amount may be included in the calculation of Ambit Energys Average Billing amount. An account reconciliation or true-up will occur at the end of every twelve (12) months that you are on Average Billing, or under the following circumstances: (1) your service is disconnected for non-payment, (2) you transfer your electric service to a new residence, (3) you cancel your service, or (4) you switch to conventional billing.disconnection without notice: Ambit Energy may order disconnection of service immediately for the following reasons: (1) a known, dangerous condition exists, if possible notice will be posted at a place of common entry or on the door of the residential unit as soon as practicable after service is disconnected); (2) service was connected by a person without authority and without an Agreement;(3) service is reconnected without authority after being disconnected for failure to pay; (4) there is evidence of tampering with equipment of the TDU, municipally owned utility or electric cooperative; or (5) there is evidence of theft of service. If service was disconnected due to a dangerous situation, customer must correct the situation and notify Ambit before service will be reconnected.disconnection with notice: Ambit Energy may orderdisconnection of service for non-payment if amounts due remain unpaid ten (10) days after a disconnect notice has been sent to the customer. Fraud and non-payment shall be considered breaches of this Agreement. Disconnection of service will not excuse you from paying any outstanding amounts owed to Ambit Energy. Ambit Energy reserves Ambit Texas, LLCTexas ResidentialTerms of Servicev. TOU103123 Ambit Energy (PUC Cert # 10117) Page 5 the right to assess a deposit in the event Ambit issues a disconnect order to your TDU for non-payment. If service is not reconnected within five (5) days of disconnection for non-payment, Ambit reserves the right to cancel this Agreement and require a new deposit and move-in fee for service initiation.collections: In the event you default in the prompt payment of amounts due under this Agreement, Ambit Energyreserves the right to charge you for any and all fees or charges reasonable and necessary to collect or attempt to collect delinquent balances. Ambit may use the services of debt-collection agencies, consumer reporting agencies and other entities or remedies as allowed by law to collect any unpaid balances on your account.credit: This Agreement is conditioned upon youdemonstrating to us your creditworthiness throughout the Term of your Agreement. You agree to cooperate with Ambit Energy in establishing your creditworthiness.deposits: Ambit Energy will not deny service based on your creditworthiness; however, you may be required to provide an initial deposit if you do not have a satisfactory credit rating, you are a move-in customer, or you cannot demonstrate satisfactory credit as defined in 25.478 of the PUCT rules(https://www.puc.texas.gov/agency/rulesnlaws/subrules/ electric/25.478/25.478.pdf). If a deposit is required, the total amount of your deposit will not exceed an amount equivalent to the greater of either (1) the sum of the next two (2) months estimated billings or (2) one-fifth of the estimated annual billing. A separate deposit may be required for each service location enrolled under this Agreement. This deposit requirement can be waived if you are an existing customer of another REP and can prove that you have had no more than one (1) late payment in the last twelve (12) months of service. There are certain situations in which you may not be required to pay a deposit to initiate service with Ambit Energy, including the following: (1) you have a satisfactory credit rating; (2) you are at least sixty-five (65) years of age or older and you are not past due with your current REP; or (3) you are a victim of family violence and you can provide a Certification Letter for Victim of Family Violence Waiver for Electric and Telephone Service Deposit.You may be required to provide a deposit to continue to receive electricity service if (1) your average annual electric- service invoice for the last twelve (12) months is at least twice the amount of the original estimated annual invoice or (2) your electricity service has been disconnected once in the previous twelve (12) months. Customers that have established their low-income status with Ambit may pay a deposit equal to or in excess of fifty (50) dollars in two (2) equal installments. In order to be eligible, you must be in the Supplemental Nutrition Assistance Program (SNAP) or on Medicaid and the name of the program participant must be the same name on the electric bill. Interest will accrue only on deposits retained for longer than thirty (30) days at the rate approved by the PUCT. The interest shall accrue from the date the deposit is received. Your initial deposit and any accrued interest will be credited to your account after twelve(12) consecutive months of service if (1) you have had no late payments for twelve (12) consecutive months; (2) your service was not disconnected for non-payment; and (3) you are not delinquent in the payment of your current bill. refusal of service: Ambit Energy may refuse to provide electric service to a customer for one or more of the reasons specified in Section 25.477 of the PUCT rules and regulations(https://www.puc.texas.gov/agency/rulesnlaws/subrules/ electric/25.477/25.477.pdf).discrimination: Ambit Energy will not discriminate, deny service, or require prepayment or deposit for service based on 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. Ambit Energy will not use a credit score, a credit history, or third-party utility-payment data as the basis for determining the price for electric service for a product with a contract term of twelve (12) months or less.material change: Ambit Energy will provide you with at least fourteen (14) calendar days advance written notice of any change in the Terms of Service, either in your bill or in a separate mailing to your billing address. The change(s) will become effective on the date stated in the notice. In the event of an unfavorable change to this Agreement, you will have the option to cancel this Agreement without penalty or fee for fourteen (14) days from the date of notice. Your option to cancel will not be provided if the change favors you or is mandated by any applicable law or by any applicable rule or regulation of a regulatory agency or body, including the PUCT. Pricing changes made due to a change in law or regulation may be made without granting any right to cancel this Agreement without penalty. No notice will be sent of contractual changes that benefit the customer.customer information: By entering into this Agreement, you authorize your TDU to release to Ambit Energy 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 in a commerciallyreasonable manner to provide service, 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 interruptions. We do not generate your electricity nor do Ambit Texas, LLCTexas ResidentialTerms of Servicev. TOU103123 Ambit Energy (PUC Cert # 10117) Page 6 we transmit or deliver 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 Public Utility Commission of Texas, accidents, strikes, labor trouble, required maintenance work, inability to access the TDU system, non-performance of the TDU, changes in laws, rules, regulations, practices or procedures of any governmental authority or the Electric Reliability Council of Texas, or any other cause beyond our control.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 Ambit Energy. Ambit Energy may, without your consent, (1) transfer, sell, pledge, encumber or assign this Agreement or the accounts, revenues or proceeds hereof in connection with any financing or other financial agreement; (2) transfer or assign this Agreement to an affiliate of Ambit Energy; (3) transfer or assign this Agreement to any person or entity succeeding to all or substantially all of the assets of Ambit Energy; and/or (4) transfer or assign this Agreement to a certified REP. In the case of (2), (3) or (4), any such assignee shall agree in writing to be bound by the terms and conditions hereof. Upon any such assignment, customer agrees that Ambit Energy shall have no further obligations hereunder.limitations of liability: LIABILITIES NOT EXCUSED BY REASON OF FORCE MAJEURE OR OTHERWISE SHALL BELIMITED TO DIRECT ACTUAL DAMAGES. NEITHER PARTYWILL BE LIABLE TO THE OTHER FOR CONSEQUENTIAL,INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY ORINDIRECT DAMAGES. LOST PROFITS OR PENALTIES OFANY NATURE ARE HEREBY WAIVED; THESE LIMITATIONSAPPLY WITHOUT REGARD TO THE CAUSE OF ANYLIABILITY OR DAMAGE, INCLUDING THE NEGLIGENCEOF AMBIT ENERGY. THERE ARE NO THIRD-PARTYBENEFICIARIES TO THIS AGREEMENT.representations and warranties: THE ELECTRICITY SOLD UNDER THIS AGREEMENT WILL MEET THE APPLICABLETDUS STANDARDS AND MAY BE SUPPLIED FROM AVARIETY OF SOURCES. AMBIT ENERGY MAKES NOREPRESENTATIONS OR WARRANTIES OTHER THANTHOSE EXPRESSLY SET FORTH IN THIS AGREEMENT,AND AMBIT ENERGY EXPRESSLY DISCLAIMS ALL OTHERWARRANTIES, EXPRESS OR IMPLIED, INCLUDINGWARRANTIES OF MERCHANTABILITY AND FITNESS FOR APARTICULAR PURPOSE.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 in Dallas County, Texas.

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