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Terms and Conditions

www.futurenowenergy.com
Future Now Energy Terms and Conditions 1-866-3636 GAS (427)

Future Now Energy (FNE) is a supplier of commodity natural gas & operates in the State of Ohio under an agreement with Duke Energy and liecencesed with the PUCO. Purchaser has read & signed the terms and conditions of Future Now Energy appointing FNE as Purchaser's agent in dealing with Duke Energy and the PUCO under the terms of this Agreement.

1. Utility services. FNE is obligated to supply all of the natural gas required by the Purchaser's specifically identified delivery service account(s) to Duke Energy & that obligation is firm, subject only to events of force majeure. However, Duke Energy shall be solely responsible for delivery of that natural gas to the Purchaser's Point of Delivery. Purchaser acknowledges that the natural gas supplied by FNE will be commingled for delivery by Duke Energy, & will be delivered from the common stream for Purchaser's account at the Point of Delivery. Duke Energy shall insure that all gas delivered meets minimum standards as may be determined by Duke Energy from time to time. Duke Energy shall measure the volume of natural gas delivered to Purchaser, & measurements by Duke Energy shall be final & binding on both FNE & Purchaser. Purchaser shall acquire title to & possession of the natural gas at the Point of Delivery, which is the Duke Energy meter located at the point where Duke Energy's distribution system connects to Purchaser's facilities.

2. Billing & Collection. Duke Energy will perform all billing & collection services on behalf of FNE, & those functions will be subject to Duke Energy's standard billing & collection policies & procedures as stated in Duke Energy's Terms & Conditions of Service Schedule. In the event Purchaser fails to pay any amount due, including the amounts due under this Agreement, Duke Energy may charge interest on the overdue amount, may provide a default notice that Purchaser's supply of natural gas will be discontinued for continued failure to pay, & may discontinue Purchaser's supply as stated in the default notice.

3. Term & Renewals. The Term of this Agreement shall begin on approval from Duke Energy , on the date determined by Duke Energy as stated on the Duke Energy billing notice. The initial term of this Agreement will be for a period of _________ year(s), checked on the front of this agreement, unless terminated earlier, as provided herein. This Agreement may not be renewed unless FNE provides Purchaser with written notice of Purchaser's option to renew. Any renewal notice shall be given at least one hundred & twenty (120) days prior to the end of the Term. In that event, the Agreement will renew under its existing terms, unless Purchaser cancels the Agreement, on or before 30 days of the year of the renewal notice. If FNE declines to offer a renewal option, within the time period stated above, the Agreement will automatically terminate at the end of the current Term.

4. Price. The Agreement provides for a variable Purchase Price for natural gas. The Base Price shall be fixed at a maximum of $ 0.79ccf, based on Duke Energy's standards in effect on November 1, 2009. The Base Price shall be the Purchase Price for the Term of this Agreement, unless the average market price of natural gas for any three month period during the Term exceeds the average market price for the three month period ending October 31, 2009. If market prices increase as described in the prior sentence, FNE shall have the right to increase the Base Price by an amount not to exceed such increase, to arrive at a new Purchase Price. For purposes of determining the average market price the NYMEX prices plus basis for the relevant periods shall be used.

5. Rebate: FNE will pay a rebate to the Purchaser provided all of Purchaser's obligations to FNE & to Duke Energy are fulfilled during the entire Term of the Agreement. The rebate will be a minimum of 10% of the total price paid for natural gas during the Term, after deducting taxes assessed by government entities & administrative fees paid to Duke Energy which are directly allocable to Purchaser's delivery service account. The minimum rebate will be increased to 18% if the initial term of the Agreement is five years. The rebate may be paid, at FNE's discretion, at any time during the Term, but in any event, shall be determined & paid by FNE within 90 days of the end of the initial term & any renewal term. Any rebate will be paid in the form of a rebate cheque from FNE. The customer may have the option of receiving the rebate in the form of a credit on the natural gas bill or in Creditz digital currency which can be used for gift cards or direct purchases from many merchants. The rebate program is designed to give FNE more flexibility in the acquisition of natural gas supplies. However, because of the extreme volatility in the natural gas market, no strategy can guarantee lower total cost in comparison to the cost that would be charged by Duke Energy. As a result, FNE does not represent that the dollar amount paid by Purchaser will be lower than the dollar amount that Duke Energy would have charged for natural gas over the term of the Agreement, or for any lesser period.

6. FNE's Obligations, Warranty & Indemnity. The Purchase Price shall include all taxes & charges that are imposed on the natural gas supplied by FNE prior to the transfer of title to Purchaser at the Point of Delivery. In that regard, FNE warrants that FNE shall have to right to sell any natural gas supplied to Purchaser at the Point of Delivery, & that all natural gas supplied to Purchaser shall be free & clear of all liens, encumbrances & adverse claims of every nature & kind whatsoever. FNE shall indemnify & save Purchaser harmless from & in respect of all suits, actions, debts, accounts, damages, costs, losses, & expenses of every nature & kind whatsoever arising from or in connection with any adverse claims of any or all persons to the gas or to royalties, taxes, license fees or charges thereon which are applicable before the title to the gas passes to Purchaser or which may be levied & assessed prior to the sale thereof to Purchaser.

7. Cancellation. (A) Purchaser may cancel the Agreement, without penalty, for a period of ten (10) days following the date Purchaser signed the contract, provided the cancellation is delivered in writing to FNE. (B) Purchaser may also request cancellation of the Agreement at any time, if FNE fails to fulfill its obligations. Cancellation by the Purchaser for cause, shall require written notice to FNE of the basis for the cancellation, & shall provide a reasonable opportunity to cure. In any event, the termination of the Agreement by the Purchaser shall not be effective until Duke Energy is given sixty (60) days notice &, if required, consents to the termination. (C) If Purchaser moves from or transfers ownership of the service delivery location, the Agreement will terminate, upon thirty (30) days written notice to Duke Energy. (D) FNE may cancel the Agreement, upon sixty (60) days written notice of default, if Purchaser fails to honor the terms of the Agreement. (E) The Agreement will be immediately suspended, & may be terminated without notice, if Purchaser's gas supply is discontinued by Duke Energy. Purchaser acknowledges that if the Agreement is cancelled or terminated for any reason without timely notice to Duke Energy, there may be additional costs or return charges imposed on Purchaser for returning to Duke Energy supply. In addition, if Purchaser cancels or causes an unauthorized termination of the Agreement, FNE retains the right to seek reimbursement of reasonable costs FNE may incur as a result of the unauthorized termination or cancellation and may resubmit this contract if the cancelation is a switch to another supplier.

8. Assignment. Purchaser agrees that FNE may assign this Agreement to another commodity natural gas supplier authorized to operate in the Duke Energy service area, provided the new supplier agrees to assume all of FNE's duties & obligation under this Agreement.

9. Force Majeure. If either party is rendered unable, in whole or in part, to perform or comply with any covenant, condition or obligation of this Agreement due to an event of Force Majeure, such party shall give written notice to the other party as soon as reasonably possible after the occurrence of such event of Force Majeure, giving full particulars of such event. The obligations of both parties after giving such notice shall, insofar as such obligations are affected by such event of Force Majeure, be suspended during the continuance of such event of Force Majeure, but for no longer period, & the party so prevented from complying with its obligations hereunder shall, to the extent possible, remedy such event of Force Majeure with all reasonable dispatch.

10. Entire Understanding. This Agreement reflects the entire understanding between Purchaser & FNE; & supersedes any prior oral or written statements, representations or agreements made by or on behalf of FNE in connection with Purchaser's natural gas supply.

11. Dispute Resolution. Any disputes arising under this Agreement will be resolved following the procedure described in the PUCO rules or the Agreement ‘s between Duke Energy, the PUCO & FNE & the results of such procedures will be final & binding upon both Purchaser & FNE.

12. Governing Law. This Agreement shall be governed by the laws of the State of Ohio.

13. Customer Service. The FNE Customer Care Center can be contacted by phone 1-866-363-6427, e-mail at info@futurenowenergy.com, or by mail at the address listed on the website www.futurenowenergy.com.

Future Now Energy toll free number is 1-866-3636 GAS (427)

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