Energy Plan Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

This Agreement is between ATCO Energy Ltd. (“ATCO”,“we”, “our”, and “us”) and you, namely the customer identified in the accompanying Energy Plan Confirmation(“Customer”, “your”, and “you”). In this Agreement, ATCO and the Customer are sometimes collectively referred to as the “parties” and individually as a “party”.

You agree that this Agreement is like any written negotiated agreement signed by you, and you agree to be bound by its terms and to fully comply with those terms.

On the terms and subject to the satisfaction of the conditions set out in this Agreement, we agree to arrange for the supply of Energy to the Site(s). In return, you agree to pay ATCO the Energy Charge (which may include aService Fee) and all other applicable charges, including (i) the Administration Charge, (ii) any Late Payment Charge,(iii) all Third Party Charges, (iv) UFE & LL Charges, (v) AESO Settlement Charges, and (vi) the Green Premium (as applicable).

In addition to the various terms defined in the opening paragraph of this Agreement, a number of capitalized terms used in the Agreement are defined in Section 14 below. ThisAgreement is not an electricity or gas utility or government rebate program. Moreover, ATCO may not be able to supply energy cheaper than your current utility company.

1. ELIGIBILITY

A. What conditions must I satisfy in order to: (i) be able to enter into this Agreement; and (ii) continue receiving Energy to the Site(s) during the Term?

In order for ATCO to arrange for the supply of Energy to theSite(s) and to have Energy supplied to the Site(s) throughout the Term, you must:

(a) be authorized to enter into this Agreement;

(b) represent that ATCO did not induce you to breach a contract with another person;

(c) provide us with your full legal name;

(d) in the case of a corporation, society, or other legal entity(other than an individual) (a "Legal Entity"), remain in good standing in the jurisdiction in which it is incorporated or otherwise formed;

(e) meet and maintain creditworthiness standards established by ATCO (which may be changed by ATCO, in its sole discretion, from time to time during the Term);

(f) provide us with any financial, credit and other information that we may reasonably request from time to time to assess your creditworthiness (“Credit Information”);

(g) authorize us to request and receive any CreditInformation from third parties as we may reasonably require to assess your creditworthiness;

(h)authorize us to send any Credit Information in our possession to credit rating agencies as any such credit agency may reasonably request to assess your creditworthiness; and

(i) provide us with a deposit or deposits from time to time within seven (7) days of any request for a deposit received from us.

B. What are the requirements for the Site(s)?

In order for ATCO to arrange for the supply of Energy to the Site(s), each of the following requirements must be met continuously throughout the Term:

(a) the Site(s) must be located in the Province of Alberta;

(b) the Site(s) must be connected to a Distribution System;

(c) the Site(s) cannot be used in connection with anyillegal activity;

(d) if you are purchasing electricity under thisAgreement, the Site(s) cannot:

(i) be located in a self-operating Rural Electrification Association, or the City of Medicine Hat’s service area; or 

(ii) individually use more than 250,000 kWh of electricity within any rolling twelve (12) month period  during the Term; and 

(e) if you are purchasing natural gas under this Agreement, the Site(s) cannot: 

(i) be located in a Rural Natural Gas Co-Op; 

(ii) be a municipally-owned natural gas utility that has been enacted by a bylaw; or 

(iii) individually use more than 2,500 GJ of natural gas within any rolling twelve (12) month period during the Term. 

C. Will ATCO require a deposit from me? 

Depending upon our assessment of your creditworthiness,  we may require a deposit from you: (a) before arranging for the supply of Energy to the Site(s); or (b) at any time during the Term. Any such deposit may be used to pay for  any amounts owing under this Agreement or any other  agreement that we may have with you. In the event that you provide us with a deposit and such deposit is not used to pay amounts owing by you under this Agreement or under any other agreement that we may have with you,  the deposit will be returned to you as soon as reasonably  practicable following the end of the Term.

D. Additional Conditions 

From time to time, we may offer a special promotion,  incentive or credit that is subject to additional terms and  conditions. Depending on the circumstances, your ability to  continue to receive any such program, incentive or credit may be subject to your continued compliance with and satisfaction of these additional terms and conditions.

For example, we may potentially provide you with a  promotional rate in connection with the provision of  electricity and natural gas to the Site that stipulates, as a  condition, that ATCO must continue to provide you with both electricity and natural gas to the Site. If you accept  this offer, but subsequently cancel or otherwise terminate  the supply of either electricity or natural gas to the Site for  whatever reason: (i) your eligibility to receive the  promotional rate will automatically terminate; and (ii) we  may, subject to the remaining terms and conditions of your  agreement with us and without further notice to you,  continue to provide you with the remaining fuel (be it  electricity or natural gas): (a) on a month-to-month basis;  and (b) at our monthly default renewal (evergreen) rates  for that remaining fuel. 

If you are a Legal Entity, you hereby allow us to conduct a  third party credit check based on your Credit Information or  any other information that we may obtain about you. 

Notwithstanding anything to the contrary contained in this  Agreement: (i) ATCO reserves the right to enroll certain  persons or locations which do not meet the eligibility  requirements set out in this Section 1, and may do so in its  sole discretion; and (ii) ATCO has no obligation to enter into  this Agreement and reserves the right to refuse to enter into  this Agreement with any person or with respect to any  location. This Agreement does not take effect until you receive  an Energy Plan Confirmation from ATCO. 

2. SUPPLY 

A. Who will supply Energy to the Site(s)? 

Under this Agreement, we are only responsible for arranging the supply of Energy to the Site(s). The Distribution  Company, on the other hand, will be responsible for  supplying the Energy to the Site(s), in accordance with the agreement that you enter into with your Distribution  Company. 

B. Does the Distribution Company have any additional terms  and conditions that I need to comply with? 

Yes. You must comply with the distribution company’s terms  and conditions (the “Distribution Company Agreement”). Failure to comply with the Distribution Company Agreement  may result in you being: (a) disconnected by the Distribution  Company from the Distribution System; and (b) subject to fees or other charges. You hereby confirm that  you have read and agreed to the terms of the Distribution  Company Agreement. 

C. By when can I expect the supply of Energy to the Site(s)  to start? 

Subject to the terms and conditions of this Agreement, we  expect that Energy should be supplied to the Site(s) within  forty-five (45) days from the start of the Term; however, the  actual date upon which Energy will be provided to you will  depend on the Distribution Company’s ability to: (a) enroll  the Site(s); and (b) designate ATCO as your retailer. 

3. BILLING AND PAYMENT 

A. How much will it cost to have Energy supplied to the  Site(s)? 

The Energy Charge that you must pay for the provision of  Energy to the Site(s) will depend on the Energy Plan that  you have selected as confirmed in your Energy Plan  Confirmation. 

In addition to the Energy Charge (which may include a  Service Fee), other charges may also apply (namely, (a) the  Administration Charge, (b) any Late Payment Charge, (c) all  Third Party Charges, (d) UFE & LL Charges, (e) AESO  Settlement Charges, and (f) the Green Premium (as  applicable)). 

Please note that the portion of your invoice related to the  consumption of Energy at the Site(s) is based on both: (a)  your metered (i.e. actual) Energy consumption; and (b)  estimates of your Energy consumption that the Distribution  Company may make. Therefore, your Energy Charge may be  adjusted periodically to reflect any differences between your actual and estimated Energy consumption. 

B. How often will I be invoiced? 

Upon the Start Date, ATCO will provide you with an invoice  on a monthly basis; however, our ability to do so will depend upon the Distribution Company providing us with your billing information in a timely manner. 

Your invoice will include the Energy Charge (which may  include a Service Fee), and potentially various other 

charges set out in this Agreement (namely, (a) the  Administration Charge, (b) any Late Payment Charge, (c)  all Third Party Charges, (d) UFE & LL Charges, (e) AESO  Settlement Charges, and (f) the Green Premium (as  applicable)). 

You agree that we may provide you with one (1) invoice for amounts owing under: (a) this Agreement; and (b)  any other agreement that ATCO may have with you for  the supply of electricity, natural gas, or both. 

C. By when do I have to pay an invoice? 

You must pay all amounts by the due date indicated on an  invoice in full by using any of the payment methods stated  on it. This will apply even if you do not receive your  invoice on time, or at all, for any reason, including an interruption in postal service or a situation where we do  not have your correct Contact Information. 

D. What happens if I am late making a payment? 

Please make sure you pay on time. If we do not receive  your payment in full by the due date specified on your  invoice, you will be charged and must pay interest at the  rate of 2.25% per month (27% APR) (a “Late Payment  Charge”) on all overdue amounts calculated monthly from  thirty (30) days after the date of the invoice until the date  that payment is received in full. 

Returned payments from financial or lending institutions  for insufficient funds or any other reason will result in a  charge to you of $50.00 or such higher amount as is charged by the applicable financial or lending institution with respect to such returned payment. 

You will be responsible for all legal and collection fees  (including fees paid to our legal counsel) that we may incur from trying to collect any amounts owing under any  invoice(s).

E. What should I do if I have a question about my invoice? 

We ask that you bring any questions, discrepancies or disputes about your invoice to ATCO’s attention as soon as  possible. Your invoice must be paid in full by the due date  while any such questions, discrepancies or disputes are  being addressed by ATCO. 

F. Can I get a refund? 

Any overpayment that is made to your invoice will be applied  to your next invoice. 

If, after the Term all amounts owed by you have been paid under this Agreement and any other agreement between  you and ATCO, there is a credit balance of $5.00 or more on  your account, you will be issued a cheque in the amount of  the credit balance. If the credit balance is less than $5.00,  any such amount will not be refunded to you. 

4. INCENTIVES AND CREDITS 

A. What is the Sign-up Incentive? 

The Sign-up Incentive is applied as a credit on your invoice  so long as: 

(a) you are a new customer with ATCO; 

(b) you are eligible to receive such a credit (i.e. it was  explicitly offered to you by ATCO on our website at  www.atcoenergy.com at the time you entered into this  Agreement); 

(c) this Agreement has neither been cancelled or expired at  the time any such credit is applied; and 

(d) you are not in breach of this Agreement. 

For the avoidance of doubt, a Sign-up Incentive is one-time  only and will be applied on "per customer" basis (and not on  a "per plan" or "per account" basis). The Sign-up Incentive  

has no cash value: it simply serves to reduce some of the  Energy Charges on an invoice. If any portion of the Sign-up  Incentive exists upon any cancellation or expiry of this  Agreement, such incentive will expire automatically at such  time, and will not be paid to you in cash. 

B. What is the Anniversary Credit? 

An Anniversary Credit will be applied to your account one (1)  year following the Enrollment Date and every year thereafter, so long as: 

(a) you are eligible to receive such credit (i.e. it was  explicitly offered to you by ATCO on our website at  www.atcoenergy.com at the time you entered into this  Agreement); 

(b) this Agreement has neither been cancelled or expired at  the time any such credit is applied; and 

(c) you are not in breach of this Agreement. 

Anniversary Credits have no cash value: they simply serve to  reduce some of the Energy Charges on an invoice. If any  portion of an Anniversary Credit exists upon any cancellation  or expiry of this Agreement, such credit will expire automatically at such time, and will not be paid to you in  cash. 

ATCO reserves the right to withhold provision of any incentives  or credits if you have not paid your invoice(s) in full by the  applicable due date. 

5. TERM OF THE AGREEMENT 

A. What is the term of this Agreement? 

Subject to its terms and conditions, this Agreement will: (i)  commence on the date that you receive an Energy Plan  Confirmation from ATCO indicating acceptance of your 

application to have ATCO arrange for the supply of Energy to  the Site(s) (be it in person, by phone or online); and (ii)  continue until the expiry of the Energy Plan that you select (with the term of your selected Energy Plan starting on the  Enrollment Date), (collectively, the “Initial Term”). 

B. Will this Agreement renew automatically upon its expiry? 

When the Initial Term is about to expire, we may, at our  sole discretion, provide you with notice of our intent to  renew this Agreement at least thirty (30) days prior to the  expiration of this Agreement. Provided that we have sent  you a renewal notice (as contemplated in the foregoing  sentence), you hereby consent to having this Agreement  automatically renewed on a month-to-month basis (each a  “Renewal Term”). 

In the event that this Agreement is renewed, you  

acknowledge and agree that: 

(a) your Agreement will automatically renew monthly until: (i) we advise you otherwise; or (ii) the Agreement is  cancelled by you (in accordance with Section 5(D)) or by  ATCO (in accordance with Section 5(E)); 

(b) we will not have any obligation to provide you with any renewal notices during any Renewal Term; 

(c) Energy will continue to be provided to you during the  Renewal Term at a Variable Electricity Price and/or 

Variable Natural Gas Price, regardless of the Energy Plan  that you selected for the Initial Term; 

(d) if your Site is a home, Energy will be provided to you  under ATCO’s then-prevailing plan for its residential customers (see https://energy.atco.com/customer-care/energy-plan-renewal for further details); 

(e) if your Site is a not a home, Energy will be provided to  you under ATCO’s then-prevailing plan for its non 

residential customers (see https://energy.atco.com/customer-care/energy-plan renewal for further details); 

(f) certain charges may apply (namely, an 

Administration Charge, a Service Fee, the Green  

Premium, Third Party Charges, UFE & LL Charges,  

AESO Settlement Charges, or any combination of these  charges); and

(g) these Terms and Conditions will apply during any Renewal Term, unless we notify you otherwise. 

Please remember that you always have the option to cancel  this Agreement (see Section 5(C) below). 

C. Can I cancel this Agreement? 

You may cancel this Agreement at any time (during the Initial Term or any Renewal Term) without penalty by giving us fifteen (15) days' notice in a manner provided for  in Section 8(B). 

D. How else can I cancel this Agreement? 

You may also cancel this Agreement: 

(a) without cost or penalty within ten (10) days after  we receive a signed copy of this Agreement from you, unless you entered into this Agreement over  the telephone or Internet; 

(b) if you entered into this Agreement over the telephone,

 (i) without cost or penalty within ten (10) days after you  receive a copy of this Agreement from us by mail or, at your  request, e-mail or fax; or (ii) without penalty within sixty (60) days after you receive your first invoice from us; 

(c) if you entered into this Agreement over the Internet,  without cost or penalty within ten (10) days after you  acknowledge this Agreement online; or 

(d) without cost or penalty at any time if there is another  agreement already in place for the provision of electricity,  natural gas or both to the Site(s) and that agreement does  not expire on or before the commencement of this  Agreement. 

Finally, you may cancel this Agreement if you entered into  this Agreement over the telephone, without penalty within  one (1) year from the date this Agreement is entered into if  ATCO: 

(e) does not set out a specified or ascertainable date the  supply of Energy or services will begin; 

(f) does not begin the supply of Energy or services within  thirty (30) days of that date (unless you expressly authorize  the late start in writing); or 

(g) was not properly licensed under the Fair Trading Act  (Alberta) when ATCO entered into this Agreement. You  agree that if you cancel this Agreement as provided above,  you may, depending upon the circumstances, be responsible  for the costs of any Energy supplied to you up to the  Cancellation Date. 

E. Can ATCO cancel this Agreement? 

We may cancel this Agreement or a portion of this  Agreement (as it relates to the provision of electricity,  natural gas, or both to the Site(s)), without cost or penalty  immediately on notice to you if: 

(a) at any time you do not: (i) satisfy the eligibility  requirements stated above in Section 1; (ii) fulfill any of your  obligations under this Agreement (including paying your  invoice in full or meeting our creditworthiness standards); or (iii) fulfill your obligations under any other agreement that  we may have with you; 

(b) the Distribution Company is unable or chooses not to: 

(i)  enroll the Site(s); or

(ii) designate ATCO as your retailer; 

(c) you do anything that prevents us from arranging for the  supply of Energy to the Site(s); 

(d) you do anything that prevents the Distribution Company  from supplying Energy to the Site(s); 

(e) you, or others affiliated with you, engage in any  conduct or behaviour which: (i) may reasonably be  construed as being abusive, deceptive, or manipulative; and/or (ii) causes injury, harm or damage to ATCO; or 

(f) the Site(s) is used for any illegal purpose. 

We may cancel this Agreement or a portion of this Agreement (as it relates to the provision of electricity,  natural gas, or both to the Site(s)), without cost or penalty, on thirty (30) days' notice to you if: 

(a) you use more than 250,000 kWh of electricity or 2,500 GJ of natural gas at the Site(s) within a rolling twelve  (12)- month during the Term; or 

(b) a change in law prevents us from arranging for the  supply of Energy to the Site(s) or results in additional costs to us that we are not able to recover from you  under this Agreement. If this Agreement or any portion of it ends as a result of a change in law, you  are responsible for any outstanding obligations under  the cancelled Agreement. 

We may also cancel this Agreement or a portion of this  Agreement (as it relates to the provision of electricity,  natural gas, or both to the Site(s)), without cost or  penalty and at our sole discretion, on thirty (30) days' notice to you unless your Energy Plan provides for a  Guaranteed Electricity Price and/or a Guaranteed Natural  Gas Price, in which case we will honour such Guaranteed  Electricity Price and/or Guaranteed Natural Gas Price for  the remainder of the applicable Term, subject always to  your continued compliance with your obligations under  this Agreement and ATCO's other cancellation rights  under this Agreement. 

F. What happens once this Agreement is cancelled or expired? 

We will ask the Distribution Company to de-enroll the Site(s) upon the expiry or cancellation of this Agreement  for any reason. Once the Site(s) is de-enrolled, you will  receive energy from your default supplier or another  retailer that you choose. 

Please note that you will be responsible for all of your  obligations under this Agreement up to the end of the Term,  including the payment of any outstanding invoices. 

G. Does any part of this Agreement continue after the cancellation or expiry of this Agreement? 

Yes. The following sections will survive any expiry or  cancellation of this Agreement: Sections 3(A), (C), (D), and  (F); Sections 5(F) and (G); Section 8; Section 12, Section 13, and Section 14. 

6. APPOINTING US AS YOUR AGENT

‍A. Will ATCO act as my agent? 

Yes. By entering into this Agreement, you appoint ATCO as  your limited agent to deal with third parties for all purposes  related to the arrangement of Energy to the Site(s). You  acknowledge and agree that we are not your financial  advisor, and therefore have no liability for your choices  (including the choices that you make as confirmed in your  Energy Plan Confirmation). 

B. Why does ATCO need to be my agent? 

As your limited agent, we will seek to enroll the Site(s),  arrange for the supply of Energy, and bill you for the Energy that you receive. When we act as your agent, we only do so for the limited purposes directly related to this  Agreement. 

You authorize the Distribution Company to give us your  current and historical energy consumption information and  any related information that we may require. 

C. When will ATCO stop being my agent? 

We will stop being your agent at the end of the Term. 

7. CHANGES TO THIS AGREEMENT 

A. Can ATCO make changes to this Agreement? 

Other than the Energy Charge, we may change, modify, add  or remove portions of this Agreement (including, the  Administration Charge and the Service Fee) at any time and  at our sole discretion. Before doing so, however, we will  provide you with at least thirty (30) days advance notice of  the proposed change, modification, addition or removal. 

B. How will I be notified of any changes that ATCO makes to  this Agreement? 

Notice of any changes that we make to this Agreement will  be given to you in a manner provided for in Section 8(A)  below. Please note that notice may include a link to our  website where you can find more information on any of our  changes to this Agreement. 

Upon request, we can provide you with a written, hardcopy  statement detailing the changes that we will be making to  this Agreement. 

C. What happens if I disagree with any of the changes that  ATCO makes to this Agreement? 

If you disagree with any of the changes that we make to the  Agreement, you may cancel this Agreement at any time  without penalty by giving us fifteen (15) days' notice (see  Section 5(C) above). You will be responsible for all of your  obligations under this Agreement up to the Cancellation  Date, including the payment of any outstanding invoices. 

If you do not provide us with notice before the changes take  effect, you will be deemed to have accepted all of our changes, regardless of whether or not you have requested a  written, hard-copy statement detailing the changes. 

If we change this Agreement in accordance with this Section  7 and you accept, or are deemed to have accepted such  changes, we will provide you with a revised copy of this  Agreement at your request. 

D. Can I make any changes to this Agreement? 

While you can update your Contact Information, you may  not make any other changes to this Agreement. 

8. NOTICE 

A. How will ATCO provide me with notice? 

Any written notice that ATCO is required to provide to you  under this Agreement may be: (i) stated on your invoice; (ii)  included as a separate notice with your invoice; or (iii) sent  to you by fax, mail, or e-mail using the most current Contact  Information that we have for you on file. 

You agree to keep ATCO up to date with respect to any  changes to your Contact Information. ATCO will not be  responsible for any loss that you suffer as a result of not  receiving a notice because ATCO did not have your most  current Contact Information. 

B. How do I provide ATCO with notice? 

If you wish to notify us of anything under this Agreement,  including providing us with notice of your intention to cancel this Agreement or updating your Contact  

Information, you must: 

(a) call our Customer Service at 1-844-687-2826 (toll-free in Canada); 

(b) fax us at 1-844-873-2826; or 

(c) mail us at PO Box 1240 Stn Main Edmonton AB T5J 2M4. 

Alternatively, you may be able to contact us through our  online portal (if and when it is made publicly available). 

C. When will notice be deemed to be delivered? 

Notices provided by one party to the other will be deemed  received as follows: 

(a) if given by mail, on the day that is seven (7) business days following the date upon which it was  sent; 

(b) if personally delivered during normal business hours, on the day that it is so delivered; 

(c) if given by facsimile, on the day of transmission and  confirmation of transmittal unless such day is not a business day, in which case the notice will be deemed to  have been received on the next business day; and 

(d) if given by e-mail, by telephone or through our online portal, on the day of such communication.

9. CHANGES TO YOUR ACCOUNT 

A. Can I add another person to my account? 

You may add another individual to your account who, in  addition to yourself, may make decisions, provide  information, or give directions regarding your account. You  must notify us of this change in one of the ways described in Section 8(B). You agree that we may fully rely on this  individual and that you will be bound by any decisions  made by that individual (and communicated to us) and any  information or directions provided by that individual to us. You may revoke this individual’s authority over your account by providing us with appropriate notice at any time. 

B. What happens when I move from the Site(s)?

If you are moving to another location, you must notify ATCO at least forty-five (45) days prior to the date you are moving in order for us to maintain your services without  disruption. Your notice must: (a) specify the address of the  new location; and (b) be provided in one of the ways described in Section 8(B). You are responsible for any  interruption in the supply of Energy caused by your failure  to give us forty-five (45) days' notice, as well as any additional costs incurred by ATCO or yourself in serving the  new location. 

Providing that the eligibility requirements stated above in  Section 1 are satisfied with respect to your new location, this Agreement will automatically be amended to apply to the  new location. If your new location is not eligible under  Section 1 (or we cannot arrange for the supply of Energy to  the new location for any other reason), this Agreement, as it  applies to the portion of your Energy Plan that cannot be  supplied, will be cancelled and the affected Site(s) de enrolled with the Distribution Company. In that case, you  remain responsible for any amounts owing under this  Agreement (including Energy supplied until de-enrollment of  the affected Site(s)). 

C. Can I suspend the provision of Energy during my move? 

If required by your move, you may request to arrange for  the suspension of the delivery of Energy under this  Agreement for up to ninety (90) days by giving us notice of  the suspension at the time that you notify us of your move.  After ninety (90) days, if the provision of Energy is still  suspended, we may cancel this Agreement without penalty  and without providing you with notice. In that case, you  remain responsible for any amounts owing under this  Agreement (including Energy supplied until the Cancellation  Date). 

D. Can I obtain the provision of Energy at two distinct  addresses during my move? 

If required by your move, you may request to arrange for  the delivery of Energy under this Agreement at both your  new location and your old Site(s) for up to ninety (90) days  by giving us notice that you require Energy at both locations  at the time that you notify us of your move. Your ability to  do so is subject to the eligibility requirements stated above  in Section 1 being satisfied with respect to your new  location. After ninety (90) days, we may cancel the delivery  of Energy at the old Site(s) without penalty or cost, and  without providing you with notice. In that case, you remain responsible for any amounts owing under this Agreement  (including Energy supplied until the Cancellation Date). 

The supply of Energy to the new address will continue under  the terms of this Agreement. You will be responsible for the  costs of all Energy consumed at both addresses. 

E. Can I add another home, business or other location under  this Agreement? 

You may request the delivery of Energy at one or more  additional home, business or other locations under this  Agreement. Any such request must: (a) specify the address  of the additional location(s); and (b) be provided to us in  one of the ways described in Section 8(B). You are  responsible for any additional costs incurred by ATCO or  yourself in serving any such additional location(s). Provided  that (x) the eligibility requirements stated above in Section 1  are satisfied with respect to any additional location(s) and (y) ATCO's then-prevailing rates are either the same or lower than your Energy Plan, this Agreement may, at ATCO's  discretion, be amended to include such location(s); however,  the supply of Energy to such new location(s) will be based on the energy plan that you select among the energy plans  that we are then offering at the time or your request. (In  other words, the energy plan that you select may potentially  be different than the Energy Plan for your existing Site(s).) 

If, however, ATCO's then-prevailing rates are higher than  your Energy Plan, you will need to enter into a separate  agreement with us with respect to the supply of Energy to  any additional home, business or other location(s). 

F. Can I delete one or more Site(s)? 

If you have more than one Site under this Agreement, you  may delete a Site at any time without penalty. Any such  request must: (a) specify the address of the additional  location(s); and (b) be provided to us in one of the ways  described in Section 8(B). 

10. UNEXPECTED EVENTS 

A. What happens if ATCO is unable to perform its obligations under this Agreement due to an unexpected  event? 

Certain events beyond our reasonable control may make it  impossible for us to perform some or all of our obligations  under the Agreement. We are not liable to you in those  events, and we will resume our obligations as soon as we  can reasonably do so. This Agreement will otherwise remain in full effect. 

11. PRIVACY 

A. What happens to the personal information that I provide ATCO? 

By entering into this Agreement, you confirm that you have  reviewed and understand our privacy policy available at  http://www.ATCOenergy.com. If you have questions or  concerns about how your information is protected, please  contact our Privacy Officer at Privacy@ATCOenergy.com.

12. LIMITATION OF LIABILITY 

A. How is ATCO’s liability under this Agreement limited? 

AS ATCO DOES NOT CONTROL AND IS NOT RESPONSIBLE  FOR THE PHYSICAL INFRASTRUCTURE USED TO SUPPLY  THE ENERGY, THE CONTINUITY OF YOUR ENERGY SUPPLY, OR THE QUALITY OF YOUR ENERGY (INCLUDING  PRESSURE, VOLTAGE AND FREQUENCY), UNDER NO  CIRCUMSTANCES WHATSOEVER SHALL ATCO BE LIABLE  FOR: 

(a) ANY INTERRUPTION OR UNAVAILABILITY OF THE ENERGY; 

(b) THE QUALITY OF THE ENERGY; 

(c) ANY ACT OR OMISSION OF ANY THIRD 

PARTY (INCLUDING THE DISTRIBUTION  

COMPANY); 

(d) YOUR CONDUCT, ACTS OR OMISSIONS; OR 

(e) ANY EVENT BEYOND THE REASONABLE CONTROL OF  ATCO, INCLUDING ANY ACTS OF GOD, INCLEMENT  WEATHER (INCLUDING LIGHTNING), POWER FAILURES,  LABOUR DISPUTES, RIOTS OR CIVIL DISPUTES, WAR OR ARMED CONFLICT, AND ANY LAW, GOVERNMENTAL  ORDER, DECISION OR REGULATION, OR ORDER OF ANY  COURT OF COMPETENT JURISDICTION. 

WE ARE ONLY RESPONSIBLE FOR DAMAGE CAUSED  DIRECTLY AND SOLELY BY OUR ACTIONS AND THE  ACTIONS OF THOSE FOR WHOM WE ARE RESPONSIBLE AT  LAW. 

NOTWITHSTANDING ANYTHING TO THE CONTRARY  CONTAINED IN THESE TERMS AND CONDITIONS, UNDER  NO CIRCUMSTANCES SHALL ATCO, ITS AFFILIATES, OR  ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS,  EMPLOYEES, AND AGENTS BE LIABLE TO YOU OR TO ANY  THIRD PARTY UNDER THIS AGREEMENT FOR ANY  PUNITIVE, INDIRECT, SPECIAL, OR CONSEQUENTIAL  DAMAGES, NOR FOR ANY LOSS OF REVENUE, LOSS OF  PROFITS, LOSS OF SAVINGS, LOSS OF EARNINGS, LOSS OF  CONTRACTS, LOSS OF BUSINESS OPPORTUNITIES, EVEN IF  WE HAVE BEEN ADVISED OF THEIR POSSIBLE EXISTENCE. 

13. GENERAL 

A. Entire Agreement 

This Agreement is the complete and exclusive statement of  the mutual understanding of the parties and supersedes and  cancels all previous written and oral agreements and  communications relating to the provision of Energy at the  Site(s); and there are no representations, warranties,  covenants, agreements or collateral understandings, oral or  otherwise, expressed or implied, affecting this Agreement  which are not expressly set forth herein. For the avoidance  of doubt, in the event that you initially enter into this  Agreement for the provision of one form of Energy (i.e.  natural gas or electricity) at the Site(s), any subsequent  agreement that you enter into with ATCO for the provision of the other form of Energy to the Site(s) shall not  supersede or cancel this initial Agreement. The word “including” when used in this Agreement is not intended to  be exclusive and in all cases means “including without  limitation”. 

B. Headings/Gender 

The headings of all articles or sections, excluding the  questions incorporated herein, are inserted for convenience  of reference only and shall not affect the construction or  interpretation of this Agreement. Except where the context  otherwise indicates, words importing the singular number  only shall include the plural, and vice versa, and words  importing the masculine gender shall include the feminine  gender. 

C. No Resale 

You agree that the Energy supplied to you pursuant to this  Agreement is for your use only and may not be resold. 

D. Assignment 

ATCO may transfer or assign all or part of this Agreement  (including any rights in accounts receivable) at any time  without prior notice or your consent. You may not transfer or assign this Agreement or any part thereof without ATCO’s prior written consent, which may be withheld by ATCO in its sole discretion or given subject to such  conditions as ATCO may stipulate in its sole discretion. 

E. Governing Law 

The validity, interpretation, construction and performance of this Agreement shall be governed by the laws in force in the Province of Alberta (without reference to any conflict of laws principles that might result in the application of the  laws of another jurisdiction). The competent courts in the  Province of Alberta shall have the exclusive jurisdiction  over all disputes relating to this Agreement. Each of the  parties hereto irrevocably attorns and consents to the jurisdiction of such courts. 

F. Class Actions 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU  AGREE TO WAIVE ANY RIGHT YOU MAY HAVE TO COMMENCE OR PARTICIPATE IN ANY CLASS ACTION  AGAINST ATCO RELATED TO ANY CLAIM WHERE SUCH  WAIVER IS PERMITTED. WHERE APPLICABLE, YOU ALSO  AGREE TO OPT OUT OF ANY CLASS PROCEEDINGS  AGAINST ATCO. 

G. Waiver 

The waiver by either party of any default by the other party  under this Agreement shall not operate as a waiver of any  future default, whether of a like or different nature. Furthermore, failure by either party to enforce any provision of this Agreement shall not be deemed a waiver  of future enforcement of that or any other provision, and  no waiver shall be effective unless made in writing and  signed by the waiving party. 

H. Severability 

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be deemed to be severable and not invalidate or render unenforceable the remainder of this Agreement. In this event, such provision shall be changed  and interpreted so as to best accomplish the objectives of  such invalid or unenforceable provision within the limits of  applicable law. 

14. DEFINITIONS 

Whenever used in this Agreement, the following words and  terms will have the indicated meanings and grammatical  variations of such words and terms will have corresponding  meanings: 

“Administration Charge” means the amount specified in your  Energy Plan Confirmation that we charge for arranging the  provision of Energy to the Site(s) and other associated  administrative services. The Administration Charge may also  be referred to as the "Service Charge" on your invoice. 

“AESO Settlement Charges” means post-final load settlement  adjustments charged to ATCO by the Alberta Electric System  Operator in accordance with Alberta Utilities Commission  Rule 021. 

“Agreement” means these Terms and Conditions together with the accompanying Energy Plan Confirmation. 

“Anniversary Credit” means a credit in the amount specified at www.atcoenergy.com that applies to the Energy Plan that  you have selected (as confirmed in your Energy Plan  Confirmation), if any, at the time you complete your  application to have ATCO arrange for the supply of Energy  to the Site(s) (be it in person, by phone or online). For the  avoidance of doubt, we reserve the right, but have no  obligation, to offer Anniversary Credits from time to time. 

“Cancellation Date” means the date that the cancellation of  this Agreement becomes effective. 

“Contact Information” means your name, address, email address, and phone number(s). 

“Credit Information” has the meaning found in Section 1(A).  

“Distribution Company” means the entity that operates your natural gas or electricity distribution system, as applicable, as may be amended from time to time. 

“Distribution Company Agreement” has the meaning found in Section 2(B). 

“Distribution System” means the Distribution Company’s infrastructure used to deliver Energy to the Site(s). 

“Energy” means the natural gas, electricity or both, to be supplied to you under this Agreement. 

“Energy Charge” means the cost of Energy consumed based  on, as applicable: (i) a Variable Electricity Price (which  includes a Service Fee) or a Guaranteed Electricity Price; or (ii) Variable Natural Gas Price (which includes a Service Fee)  or a Guaranteed Natural Gas Price; or (iii) a combination of  both. 

“Energy Plan” means the energy plan that you have selected  for the provision of electricity or natural gas to a Site, or  both, as confirmed in your Energy Plan Confirmation. 

“Energy Plan Confirmation” means the written confirmation  sent to you by ATCO that confirms, among other things,  your Energy Plan. 

“Enrollment Date” means the date that the Site(s) is enrolled by the Distribution Company at ATCO’s request. 

"Guaranteed Electricity" means the charges specified as  "Guaranteed Electricity" on your invoice and calculated by  using the following formula: 

Guaranteed Electricity = (Metered Consumption +  UFE & LL) x Guaranteed Electricity Price 

“Green Electricity Price” means, if applicable, the fee  specified in your Energy Plan Confirmation (payable per kWh  of electricity that you consume) for the provision of  electricity that comes from a renewable resource. 

“Green Premium” means, if applicable, the cost of electricity that comes from a renewable resource that you consume as a function of the Green Electricity Price. 

“Guaranteed Electricity Price” means the applicable price per  unit of electricity stated in your Energy Plan Confirmation. 

“Guaranteed Natural Gas Price” means the applicable price  per unit of natural gas stated in your Energy Plan Confirmation. 

“Initial Term” has the meaning found in Section 5(A). 

“Late Payment Charge” has the meaning found in Section 3(D). 

"Metered Consumption" means the amount of electricity of  natural gas supplied to you under this Agreement for the  period identified in the Energy Charges section of your invoice. 

“Renewal Term” has the meaning found in Section 5(B). 

“Rural Electrification Association” means a not-for profit  cooperative, incorporated or continued under the Rural  Utilities Act (Alberta), which owns electric distribution  systems and supplies electric energy to members in a rural  region of Alberta.

“Rural Gas Co-Op” means a not-for-profit cooperative,  incorporated or continued under the Rural Utilities Act  (Alberta), which owns its own distribution system and  supplies natural gas to members in its rural franchise area of Alberta. 

“Service Fee” means the service fee(s) specified in your  Energy Plan Confirmation payable per unit of Energy that you consume as part of your Variable Natural Gas Price or  Variable Electricity Price (if applicable). We may change  this fee from time to time in accordance with Section 7(A) above. 

“Sign-up Incentive” means a one-time credit in the  amount specified at www.atcoenergy.com that applies to the Energy Plan that you have selected (as confirmed in  your Energy Plan Confirmation), if any, at the time you  complete your application to have ATCO arrange for the  supply of Energy to the Site(s) (be it in person, by phone  or online). For the avoidance of doubt, we reserve the  right, but have no obligation, to offer Sign-Up Incentives  from time to time. 

“Site(s)” means the home, business or other location(s)  where we will supply Energy under this Agreement. (Note: as there are different site identification numbers with respect to the provision of electricity and natural gas, your  home (for example) may consist of two different Sites.) 

“Start Date” means the date you first receive Energy under  this Agreement.

“Taxes” means any applicable federal, provincial or  regulatory taxes, duties, and surcharges which may be  assessed, levied or imposed with respect to the supply of  Energy under this Agreement. 

“Term” means the Initial Term together with any Renewal Term(s). 

“Terms and Conditions” means these terms and  conditions.  

“Third Party Charges” means the amounts that are  charged to ATCO by third parties (such as the Distribution  Company) as they relate to the supply of Energy to the  Site(s), including: (i) enrollment and de-enrollment/exit  fees; (ii) franchise fees; (iii) tariffs; (iv) local access fees;  (v) transportation charges; (vi) transmission and  distribution charges; (vii) rate riders; (viii) UFG-Related  Charges; (ix) delivery charges; (x) Taxes; (xi) energy  market trading charges; and (xii) any similar or  comparable charges. For the purposes of this Agreement,  Third Party Charges shall not include AESO Settlement  Charges or UFE & LL Charges. 

"UFE & LL" means unaccounted for energy ("UFE") and  line losses ("LL"). UFE represents distribution load that is not metered, profiled, or allocated as losses, and accounts  for meter inaccuracies, possible theft, errors in loss  adjustment, or profile creation and estimation variances.  LL means the energy losses in the distribution system  reflecting the volume of electricity lost due to electrical  resistance and other factors across the electric grid. 

“UFE & LL Charges” means the charges that apply with  respect to UFE & LL. 

“UFG” means your proportionate share of the Distribution  Company’s line loss, unaccounted-for natural gas and  compressor fuel at the rate specified in the applicable  natural gas distribution tariff. 

“UFG-Related Charges” means the charges that apply to  both the Guaranteed Natural Gas Price and the Variable  Natural Gas Price and is calculated by multiplying your  UFG by the sum of the AECO Daily 5A Index. 

“Variable Electricity Price” means the floating (i.e. load weighted average flow-through) price per unit of electricity provided to you through the Distribution Company as calculated by using the following formula:

h = hour 

n = last hour in billing period 

P = price for electricity 

PPP = the actual hourly pool price published by the Alberta Electric System Operator, represented in cents per kWh 

CONS = electricity consumption in kWh, allocated  hourly based on distributor-assigned Site profile class

“Variable Natural Gas Price” means the floating  (temperature-weighted average flow-through) price per  unit of natural gas provided to you through the  Distribution Company as calculated by using the following  formula:

View Terms and Conditions in PDF format

All customers are free to purchase natural gas services from the default supply provider or from a retailer of their choice and to purchase electricity services from the regulated rate provider or from a retailer of their choice. The delivery of natural gas and electricity to you is not affected by your choice. If you change who you purchase natural gas services or electricity services from, you will continue receiving natural gas and electricity from the distribution company in your service area. For a current list of retailers you may choose from, visit www.ucahelps.gov.ab.ca or call 310-4822 (toll free in Alberta). Some offers, in whole or in part, may not be available in gas co-ops, municipally owned utilities, and some Rural Electrification Associations.

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