New York Terms and Conditions

IDT ENERGY^SM Service Terms and Conditions

1. SCOPE. These terms and conditions apply to the purchase by you (also referred to here as "Customer") and sale by IDT Energy of electricity and/or natural gas as specified herein.

2. INFORMATION RELEASE AUTHORIZATION. Customer designates IDT Energy as its agent for receiving customer billing information from the local distribution company (LDC), and for procuring and scheduling the transmission and ancillary services necessary to deliver electricity and/or natural gas purchased by you to LDC system. This information may be used by (REP/ESCO) to determine whether it will commence and/or continue to provide energy supply service to Customer and will not be disclosed to a third-party unless required by law. Customer's execution of this Agreement shall constitute authorization for the release of this information to IDT. This authorization will remain in effect during the Term of this Agreement or any renewal thereof. Customer may rescind this authorization at any time by providing written notice thereof to IDT or calling IDT at 1-877-887-6866. IDT reserves the right to cancel this Agreement in the event Customer rescinds the authorization.

3. RATES. Variable Price: The variable price for all electricity and natural gas sold under this Agreement and established on an approximately monthly basis based upon electricity and gas market pricing, transportation or transmission, and other market and business price related factors. Notwithstanding any other provision in this Agreement, IDT Energy may change the Variable Price without additional notice and such price may be higher or lower than LDC's price in any particular month.

Rebates and Special Promotions: From time to time IDT Energy may offer a Rebate Program. If a Customer participates in IDT Energy's Rebate Program, the Customer must remain in the program for the entire agreed upon term in order to qualify for the rebate. If a Customer cancels at any time prior to the agreed upon term, the Customer shall forfeit all rights and claims to any and all rebate offers. ** ALL REBATE AMOUNTS ADVERTISED AND PRESENTED TO CUSTOMERS ARE ESTIMATES BASED UPON CUSTOMER'S PRIOR ELECTRIC AND/OR NATURAL GAS USAGES. ACTUAL REBATE AMOUNTS WILL BE BASED ON CUSTOMER'S ACTUAL USAGE OVER THE TERM OF THIS AGREEMENT, WHICH MAY VARY FROM ANY ESTIMATE PROVIDED. From time to time IDT Energy may offer eligible new customers an Introductory Price, which will be in effect for the introductory price term, at which point it shall revert to the variable price.

Green Supply Option: If a customer chooses a green supply option, IDT Energy will ensure that 100% of the Customer's electricity usage is supplied with renewable energy certificates or renewable energy attributes. IDT Energy may take up to 24 months after the end of each calendar year under which this Agreement is in effect to address any deficiency that may arise in the green renewable content of electricity sold under this Agreement in the previous calendar year. The price for green energy will be comprised of the IDT Energy variable price plus an amount up to 2.5 cents per kw delivered, plus a monthly fee of $4.95. Customer can cancel the green option of this agreement with at least fifteen (15) calendar days' notice of its intent to cancel by calling IDT Energy at 1-877-887-6866. The requested drop of the green supply option will occur on the next available according to the LDC's switching/change request rules.

4. BILLING AND PAYMENT. You will normally receive one bill each month issued by LDC, or by IDT Energy if directed by you or LDC. Unless otherwise provided herein, payment terms are governed by the terms of LDC's tariff if LDC issues the bill. If IDT Energy issues the bill, payment of the full amount billed is due twenty-five (25) days after the date the bill is mailed. Late payments or partial payment balances will be subject to collection fees and/or reasonable attorneys' fees and court costs, as allowed by law. All accounts, which are overdue, may be referred to a collection agency consistent with New York Law. Your bill will be based on scheduled meter readings and/or estimates provided by LDC. The parties agree to accept, for purposes of accounting for electricity and gas delivered under this Agreement, the quantity, quality, and measurement determined by LDC. A twenty-dollar ($20) fee will be charged for all returned checks.

5. TITLE AND TAXES. Under this Agreement, title to the electricity shall pass from IDT Energy to you prior to delivery to LDC, and title to gas shall pass from us to you prior to delivery to New York State. Our price does not include sale taxes that may apply, and these taxes generally will appear as a separate item on your bill. You shall reimburse IDT Energy for sales or other taxes, however designated, imposed with respect to the sale or transportation of electricity and/or gas unless, prior to execution of this Agreement, you have given us a valid tax exemption certificate(s).

6. TERM; TERMINATION; AND EARLY TERMINATION FEES. This Agreement shall continue on a month to month basis until either party provides at least fifteen (15) calendar days' notice of its intent to cancel and until LDC completes the termination in accordance with its rules. A residential customer may cancel this Agreement at any time during the three (3) business following receipt of this Agreement by calling IDT Energy at 1-877-887-6866.

7. ASSIGNMENT. IDT Energy may assign or transfer its rights or obligations under this Agreement after first informing you in writing of such transfer or assignment. You may not assign or transfer your rights or obligations under this Agreement.

8. CHOICE OF LAW. This Agreement shall be construed in accordance with and be governed by the laws of the State of New York without regard to the conflicts of law provisions thereof.

9. NO WARRANTIES. CUSTOMER ACKNOWLEDGES AND AGREES THAT NO WARRANTY, DUTY OR REMEDY, WHETHER EXPRESSED, IMPLIED OR STATUTORY, IS GIVEN OR INTENDED TO ARISE OUT OF THIS AGREEMENT EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, AND IDT ENERGY SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

10. SEVERABILITY. Should any part of this Agreement be declared invalid for any reason, such decision shall not in any manner affect the validity of the remaining portion of this Agreement, which shall remain in full force and effect as if the part determined to be invalid had not been contained herein at the time of the execution of this Agreement. If at some future date there is a change in any law, rule, or regulation whereby IDT Energy is prevented, prohibited or frustrated from carrying out the terms of the Agreement, then, at the sole discretion of IDT Energy, this Agreement may be cancelled. If, at some future date, there is a change in a federal or state approved tariff affecting IDT Energy's costs to purchase electricity and/or gas required to provide your service, then, at the sole discretion of IDT Energy, this Agreement may be modified to reflect those costs.

11. FORCE MAJEURE. Except as otherwise set forth herein, Force Majeure is the only excuse for non-performance and all other excuses (at law or in equity) are waived. Except for payment obligations, a Force Majeure event will, upon notice, excuse both parties' performance during the event. "Force Majeure" means those events not reasonably anticipated on the effective date hereof and outside the control of the claiming party and include Force Majeure events associated with LDC or the commodity supplier or others used to deliver electricity and/or gas to Customer's residence.

12. LIMITATION OF LIABILITY. IN NO EVENT SHALL IDT ENERGY OR CUSTOMER BE LIABLE TO THE OTHER OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, ADVANTAGE, SAVINGS OR REVENUES OF ANY KIND OR INCREASED COST OF OPERATIONS, WHETHER OR NOT IDT ENERGY OR CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IDT ENERGY'S LIABILITY, AND CUSTOMER'S EXCLUSIVE REMEDIES AGAINST IDT ENERGY, FOR ANY DAMAGES CAUSED BY ANY SERVICE OUTAGE, DEFECT OR FAILURE SHALL BE THE TERMINATION PROVISIONS SET FORTH ABOVE IN SECTION 6. IDT ENERGY'S LIABILITY FOR OTHER CLAIMS ARISING IN CONNECTION WITH ANY SERVICE OR THIS AGREEMENT, IF NOT OTHERWISE LIMITED BY ANOTHER PROVISION OF THIS AGREEMENT, SHALL BE LIMITED TO PROVEN DIRECT DAMAGES NOT TO EXCEED PER CLAIM (OR IN THE AGGREGATE DURING ANY 12-MONTH PERIOD), THE TOTAL NET PAYMENTS MADE BY CUSTOMER FOR THE APPLICABLE SERVICE DURING THE 12 MONTH'S PRECEDING THE MONTH IN WHICH THE DAMAGE OCCURRED.

13. INDEMNIFICATION. Customer is responsible for and will indemnify IDT Energy against any and all liabilities resulting from Customer's failure to fully comply with this Agreement, and damage or injury caused by the electricity and/or gas after its delivery to the Customer's residence.

14. DISPUTES. Customer agrees first to contact IDT Energy in writing and attempt to resolve all billing disputes or service problems directly. All disputes regarding transmission, distribution, power outages, and bills from LDC should be directed to LDC. Both Customer and IDT Energy shall try in good faith to resolve any dispute. The dispute or complaint relating to a residential customer may be submitted by either party at any time to the DPS pursuant to its Complaint Handling Procedures ("Procedures") by calling the DPS at 1.800.342.3377 or by writing to the DPS at: New York State Department of Public Service, Office of Consumer Services, Three Empire State Plaza, Albany, New York 12223, or through its website at: www.dps.state.ny.us. Customer must pay the bill in full, except for the specific disputed amount, during the pendency of the dispute.

15. MODIFICATION. Subject to Section 3 herein, IDT Energy may modify the terms of this Agreement at any time and such amended Agreement will supersede any previous agreement between Customer and IDT Energy. IDT Energy will provide Customer thirty (30) days prior written notice of any such modification. After receipt of such notice, Customer may cancel the Agreement by providing written notice to IDT Energy before the commencement of the next billing cycle.

16. PROTECTION OF CUSTOMER RIGHTS. IDT Energy hereby provides notice that its services are governed by the terms of this Agreement, the rules and regulations issued by LDC, and the NYPSC's Uniform Business Practices. If you are a residential customer, you are protected by the NYPSC's HEFPA (Home Energy Fair Practices Act) residential protections. Your LDC's transmission and distribution functions will continue to be regulated by the NYPSC. Electric and gas service may be disconnected only by LDC and only in compliance with rules set by the NYPSC. In the event of failure to pay IDT Energy for electricity and/or gas provided to you, IDT Energy may terminate the business relationship between us and service may be disconnected by LDC at the request of IDT Energy. The NYPSC may be contacted at 1-800-342-3355 (hotline); http://www.dps.state.ny.us (internet address); or at 3 Empire Plaza, Office of Consumer Services, Albany, NY 12223-1350.

Any questions regarding these terms and conditions or your service with IDT Energy should be directed to us in writing at IDT Energy, Inc., 550 Broad Street, Newark, New Jersey 07102. IDT Energy may also be contacted by telephone at 1-877-887-6866, by fax at 1-716-664-2297 or by e-mail at catchall@idtenergy.com.

New Jersey Terms and Conditions

1) SCOPE. These terms and conditions apply to the purchase by you (also referred to here as “Customer”) and sales by IDT Energy of electric and/or natural gas as specified herein.

2) AGENCY. Customer designates IDT Energy as its agent for receiving customer billing information from local distribution company, your Utility, and for procuring and scheduling the transmission and ancillary services necessary to deliver electricity and/or natural gas purchased by you to your utility system.

3) Rates. Variable Price: The variable price for all electricity and natural gas sold under this Agreement and established on an approximately monthly basis based upon electricity and natural gas market pricing, transportation or transmission, and other market and business price related factors. This price may be higher or lower that your utility’s price in any particular month. Fixed Price: The fixed price for electric and natural gas sold under this Agreement for a twelve (12) month period offered at the option of IDT Energy. At the end of such 12-month period, Variable Price shall thereafter be in effect unless IDT Energy provides notice of a new Fixed Price offer to the customer and the customer accepts it by replying to IDT Energy’s offer in writing at least thirty (30) days before the end of the 12- month period. Seasonal Price. The fixed price for electricity and natural gas sold under this agreement (i) FOR GAS DURING THE WINTER HEATING SEASON (November 1 to March 31) and (ii) for electricity during the summer cooling season (June 1 to August 31). At the end of such seasonal period, the variable Price shall thereafter be in effect.

4) BILLING AND PAYMENT. You will normally receive one bill each month issued by your utility, or by IDT Energy, if directed by you or your utility. Unless otherwise provided herein, payment terms are governed by the terms of your utility tariff if your utility issues the bill. If IDT Energy issues the bill. Payment of the full amount of billed is due 25 days after the date the bill is mailed. Late payments or partial payment balances will be subject to collection fees and / or reasonable attorney’s fees and court cost, as allowed by law. All accounts, which are overdue, may be referred to a collection agency consistent with New Jersey Law. Your bill will be based on scheduled meter readings and / or estimates provided by your utility. The parties agree to accept, for purpose of accounting for electricity and natural gas delivered under this Agreement, the quantity, quality, and measurement determined by your utility. A twenty- dollar ($20) fee will be charged for all returned checks.

5) TITLE AND TAXES. Under this Agreement, title to the electricity shall pass from IDT Energy to you prior to delivery to your utility, and title to gas shall pass from us to you prior to delivery to New Jersey. Our price does not include sales taxes that may apply, and these taxes generally will appear as a separate item on your bill. You shall reimburse IDT Energy for sales and other taxes. However designated, imposed with respect to the sales or transportation of electricity and or natural gas unless prior to execution of this Agreement, you have given us a valid tax exemption certificate(s).

6) TERM TERMINATION; AND EARLY TERMINATION FEES This agreement shall continue until either party provides at least fifteen (15) calendar days notice of its intent to cancel and until your utility completes the termination in accordance with its rules. If you selected the fixed price or seasonal Price option and if you elect to terminate prior to the expiration of the fixed rate term, you shall remit to IDT Energy on demand and early termination fee equal to the (a) the full amount of all past due charges; plus (b) (i) $150 if you terminate early the Fixed Price Option, or (ii) $75 if you terminate early the Seasonal Price Option. IDT Energy shall have the right to match any bona fide competing order at the end of any term or anniversary date, A residential customer may cancel this Agreement at any time during the three (3) business following receipt of this Agreement by calling IDT Energy at 1-877-887-6866.

7) ASSIGNMENT. IDT ENERGY may assign or transfer its rights or obligations under this Agreement after first informing u\you in writing of such transfer or assignment. You may not assign or transfer your rights or obligations under this Agreement.

8) CHOICE OF LAW. This Agreement shall be constructed in accordance with and be governed by the laws of the State of New Jersey with regard to the conflicts of law provisions thereof.

9) NO WARRANTIES. THERE ARE NO WARRENTIES OR REPRESENTATIONS OTHER THAN THOSE EXPRESSLY SET FORTH HEREIN, AND NO OTHERS SHALL BE HONRED. Should any part of the Agreement be declared invalid for any reason, such decision shall not in any manner affect the validity of the remaining portion of this Agreement , which shall remain in full force and effect as if the part determined to be invalid has not been contained herein at the time of the execution of this agreement. If at some future date there is a change in a law, rule, or regulation, whereby IDT Energy is prevented, prohibited or frustrated from carrying out the terms of this Agreement, then at the sole discretion of IDT Energy, this agreement may be cancelled. If at some future date, there is a change in a federal or state approved tariff affecting IDT Energy’s cost to purchase electricity and / or natural gas required to provide your service, then, at the sole discretion of IDT Energy, this agreement may be modified to reflect those cost.

10) FORCE MAJEURE. Except as otherwise set forth herein, force majeure is the only excuse for non performance and all other excuses (at law or in equity) are waived. Except from payment obligations, a force majeure event will, upon notice, excuse both parties performance during the event. "Force Majeure" means those events not reasonably anticipated on the effective date hereof and outside the control of the claiming party and include force majeure events associated with your utility or the commodity supplier or other used to deliver electricity and / or natural gas to customer’s residence.

11) LIMITATION OF LIBILITY. IN NO EVENT SHALL E\IDT ENERGY OR CUSTOMER BE LIABLE TO THE OTHER OR TO ANY THIRD FOR AND INDIRECT, INCIDENTAIL, CONNSEQUENTIAL, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATIONS, DAMAGES FOR LOST PROFITS, ADVANTAGE, SAVINGS OR REVENUES OF ANY KIND OR INCREASED COST OF OEPRATIONS, WHETHER OR NOT IDT ENERGY OR CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGE, EXCLUSIVE REMEDIES AGAINST IDT ENERGY, FOR ANY DAMAGED CAUSE BY ANY SERVICE OUTAGE, DEFECT OR FAILURE SHALL BE THE TERMINATION PROVISIONS SET FORTH ABOVE IN SECTION 6. IDT ENERGY’S LIABILITY FOR OTHER CLAIMS ARISING IN CONNECTION WITH ANY SERVICE OR THIS AGREEMENT, IF NOT OTHERWISE LIMITED BY ANOTHER PROVISION OF THIS AGREEMENT. SHALL BE LIMITED TO PROVEN DIRECT DAMAGES NOT TO EXCEED PER CLAIM (OR IN THE AGGREGATE DURING ANY 12-MONTH PERIOD, THE TOTAL NET PAYMENTS MADE BY THE CUSTOMER FOR THE APPLICABLE SERVICE DURING THE 12-MONTH’S PROCEDING THE MONTHS IN WHICH THE DAMAGE OCCURRED.

12) INDEMNIFICATION. Customer is responsible for the willing indemnify IDT Energy against any and all liabilities resulting from customer’s failure to fully comply with the Agreement, and damage or injury caused by the electricity and/or natural gas after its delivery to the customer’s residence

13) DISPUTES. Customers agree first to contact IDT Energy in writing and attempt to resolve all billing disputes or service problems directly. All disputes regarding transmission, distribution, power outage, and bills from your utility should be directed to your utility. Both customer and IDT Energy shall try submitting the dispute to small claims court or any other court of competent jurisdiction.

14) PROTECTION OF CUSTOMER RIGHTS. IDT Energy hereby provides notice that its services are governed by the terms of this Agreement, the rules and regulations issued by your utility, and the BPU. York utility transmission and distribution functions will continue to be regulated by the BPU. Electric and natural gas service may be disconnected only by your utility and only in compliance rules set by the BPU.

15) IDT ENERGY CONTACT INFORMATION. Any questions regarding these terms and conditions or your service with IDT ENERGY should be directed to us in writing at IDT Energy Inc, 550 Broad Street, Newark, New Jersey, 07102. IDT Energy may also be contacted at 1-877-887-6866.

Pennsylvania Terms and Conditions

This is your terms and conditions template. Once you enroll, you will receive a completed form with your local market utility’s details and specific rates as part of your IDT Energy Welcome Packet.

IDT Energy, Inc. is licensed by the Pennsylvania Public Utility Commission to offer and supply electric generation services in Pennsylvania.
Your generation prices and charges will be set by IDT Energy. The Public Utility Commission regulates distribution prices and services. The Federal Energy Regulatory Commission regulates transmission prices and services.
You will continue to receive your bill from your Electric Distribution Company (EDC) for all supply and delivery charges, your EDC will continue to provide all emergency repairs and services.

Right of Rescission - You may cancel this agreement at any time before midnight of the third business day after receiving this disclosure.

Definitions Generation Charge - Charge for production of electricity. Transmission Charge - Charge for moving high voltage electricity from a generation facility to the distribution lines of an electric distribution company.

Basic Service Prices - IDT Energy offers a variable price for all electric generation sold under this Agreement. The price for electric generation sold is established on an approximately monthly basis based upon electric generation market pricing as furnished by PJM clearing house, transportation or transmission, and other market and business price related factors. This price may be higher or lower than EDC’s price in any particular month. There is no ceiling price. Electric generation supply charges include estimated total state taxes. IDT Energy will comply with all required laws regarding sales tax and will include or exclude the appropriate sales taxes in each jurisdiction served, if any, as required by the Pennsylvania Department of Revenue for all Electric generation supply charges. Customers can call IDT Energy, Inc. Customer Service at 877-887-6866 for current variable pricing rates.
The starting price per electric generation for customers starting in the month of ________ is _________.

Length of Agreement. You will buy your electric generation services for your use from IDT Energy, Inc. beginning on a date set by your EDC and continuing on a month to month basis until either party provides at least fifteen (15) calendar days’ notice of its intent to cancel and until EDC completes the termination in accordance with its rules

Penalties, Fees and Exceptions – There are no fees or early cancellation penalties for canceling IDT Energy, Inc.'s variable rate plan

Cancellation Provisions - A residential customer may cancel this Agreement at any time during the three (3) business following receipt of this Agreement by calling IDT Energy at 1-877-887-6866 or until either party provides at least fifteen (15) calendar days’ notice of its intent to cancel and until the EDC completes the cancellation in accordance with its rules.

Renewal Provision - This Agreement shall continue until either party provides at least fifteen (15) calendar days’ notice of its intent to cancel and until EDC completes the cancellation in accordance with its rules.

Agreement Expiration/Change in Terms - If you have a fixed term agreement with us and it is approaching the expiration date or if we propose to change our terms of service, we will send you two advance written notices either in our bills or in separate mailings between 45 and 90 days before either the expiration date or the effective date of the changes. We will explain your options in these two advance notices.

Dispute Procedures. Contact us with any questions concerning our terms of service at 877-887-6866. You may call the PUC if you are not satisfied after discussing your terms with us at 1-800-692-7380.

Contact Information

Supplier: IDT Energy, 520 Broad Street. Newark, New Jersey 07102 877-887-6866 www.idtenergy.com

Public Utility Commission (PUC) P.O. Box 3265 Harrisburg, PA 17105-3265 Choice Hotline Number at 1-800-692-7380