SOLARTILITY GENERAL TERMS AND CONDITIONS
References to “Solartility”, “we”, “our” and “us”, refer to Solartility Energy Inc. Definitions for capitalized words are set
out at the end of these Solartility General Terms and Conditions.
1. YOUR AGREEMENT
1.1. One Agreement
This Agreement is comprised of (i) the Product Sheet (including the Site List), (ii) these Solartility General Terms and
Conditions, (iii) the Energy Terms and Conditions, (iv) the terms and conditions of any new or different product or service
we provide to you under this Agreement from time to time, and (v) any Internet contract acknowledged by you relating to
this Agreement. All components of this Agreement together form our agreement with you.
1.2. Energy Program Terms and Conditions
These Solartility General Terms and Conditions apply to all Energy Programs. The Energy Program Terms and Conditions
set out certain additional terms and conditions relating to particular types of Energy Programs. Any provision found in the
Energy Program Terms and Conditions or any other part of the Agreement that conflicts with these Solartility General
Terms and Condition shall prevail to the extent of the conflict, unless otherwise expressly stated in the Energy Program
Terms and Conditions or another part of the Agreement.
2. CONDITIONS AND SUPPLY OF ENERGY GOODS OR SERVICES
2.1. Eligibility
To be a customer under or Energy Programs:
(a) your total Energy consumption at the Sites must be less than 250,000 kilowatt hours (kWhs) of electricity per year;
(b) you are purchasing Energy for Sites that are within the parts of Alberta where we provide Energy.
2.2. Credit Requirements
You agree to provide us with and authorize us to request and receive from third parties relevant financial and Credit
Information for the purpose of evaluating your creditworthiness. You agree to maintain creditworthiness for your obligations
under the Agreement satisfactory to us at all times while this Agreement is in effect. We may require a deposit for service
and may use that deposit to pay for any amounts owing under this Agreement or any other agreement we have with you to
arrange for the supply of electricity.
2.3. Enrolment with Distribution Company
We will only supply Energy to Sites that are enrolled by the Distribution Company with us designated as your retailer.
2.4. Appointing Us as Your Agent
By entering into this Agreement, you appoint us as your limited agent to arrange for the supply of Energy under this
Agreement. This agency ends when we have fulfilled our obligations under this Agreement. You authorize the Distribution
Company to give us your consumption information and any related information that we may require. You agree not to
revoke this appointment and not to appoint another agent until this Agreement has terminated or been cancelled. You agree
that we are not your financial advisor and therefore have no liability for the choices you make with respect to your Energy
Program(s).
2.5. Start Date
If you meet all requirements under this Agreement, we will begin the supply of Energy to your Site no later than 40 days
from the Effective Date or the date you add a Site to this Agreement (as applicable).
3. BILLING AND PAYMENT
3.1. Billing
We will bill you regularly, based on the most current contact information you have provided to us. You must pay our bill in
full by the Due Date.
3.2. Energy Program
Your bill includes (i) charges and adjustments for all Energy supplied to you under your Energy Program(s) as set out in
the Energy Terms and Conditions and other charges as set out in this Agreement, (ii) additional charges associated with any
other products or services offered by Solartility from time to time, and (iii) charges we are required or authorized at law or
under contract with a third party to charge you.
You are responsible for all the charges on your bill, even if you do not receive your bill on time or at all, for any reason.
3.3. Estimated and Actual Consumption
We will bill you based on your consumption of Energy based on your metered Energy consumption or estimates of Energy
consumption that we or the Distribution Company make. We will make adjustments from time to time between estimated
and actual consumption.
3.4. Late Payments and Disputed Bills
If we do not receive your payment by the Due Date indicated on your bill, we will charge you a Late Payment Charge. You
must pay your bill in full while any dispute with us is being resolved. You are responsible for any legal and collection fees
associated with us trying to collect any amounts owing from you. If you do not pay your bill by the Due Date, we may
cancel this Agreement.
4. CHANGES TO THE SUPPLY OF ENERGY
Your bill includes (i) charges and adjustments for all Energy supplied to you under your Energy Program(s) as set out in
the Energy Terms and Conditions and other charges as set out in this Agreement, (ii) additional charges associated with any
other products or services offered by Solartility from time to time, and (iii) charges we are required or authorized at law or
under contract with a third party to charge you.
You are responsible for all the charges on your bill, even if you do not receive your bill on time or at all, for any reason.
3.3. Estimated and Actual Consumption
We will bill you based on your consumption of Energy based on your metered Energy consumption or estimates of Energy
consumption that we or the Distribution Company make. We will make adjustments from time to time between estimated
and actual consumption.
3.4. Late Payments and Disputed Bills
If we do not receive your payment by the Due Date indicated on your bill, we will charge you a Late Payment Charge. You
must pay your bill in full while any dispute with us is being resolved. You are responsible for any legal and collection fees
associated with us trying to collect any amounts owing from you. If you do not pay your bill by the Due Date, we may
cancel this Agreement.
4. CHANGES TO THE SUPPLY OF ENERGY
4.1. Moving
You must give us at least 45 days’ notice before you move to a new location, and your notice must specify your new Site
identification number and service address. If you do not give us at least 45 days’ notice before you move, any interruption
in the supply of Energy and any costs either you or we incur as a result, including in connection with continued consumption
at your Site, will be your responsibility. If your new Site is within a part of Alberta in which we provide service, this
Agreement will be amended to apply to your new Site; otherwise, this Agreement will terminate on the date of your move,
and you will remain responsible for any outstanding obligations under the terminated Agreement until satisfied in full. If
we cannot supply energy to your new location for any other reason, including that you are no longer eligible for Micro–
Generation service, this Agreement as it applies to your Site will terminate, and you will remain responsible for any
outstanding obligations under the terminated Agreement until satisfied in full.
4.2. Adding and Cancelling a Site
4.2.1. Adding a Site
Subject to Article 2, you may add a Site to this Agreement by calling our Customer Care Centre at +1–888–635–0502 (toll–
free in Alberta). You will need to tell us (i) the Site identification number and service address you want to add, (ii) which
of the then–available Energy Program(s), for which you and your Site qualify, you want to add. Following receipt of your
request, and subject to the rest of the provisions of this Agreement, we will add the Site to this Agreement. Sites that do not
meet the conditions of the applicable regulation(s) cannot be added. For conditions applicable to your specific Energy
Program(s), see the Energy Program Terms and Conditions below.
4.2.2. Cancelling a Site
In addition to your general right to delete a Site from this Agreement set out in Section 4.4, any time you add a Site to this
Agreement, you may cancel that added Site from this Agreement:
(a) without cost or penalty within 10 days after that Site is added to this Agreement;
(b) without penalty within 60 days after you received your first billing statement from us with respect to that Site,
provided you will still be required to pay for any Energy consumed at that Site while under contract with us;
(c) without cost or penalty if another agreement for energy services presently exists for the same Site(s) as under this
Agreement, except if the existing agreement is to expire on or before the day we start supplying Energy to that Site
under this Agreement; or
(d) without penalty within one year from the date that Site is added to this Agreement if we (i) do not set out a specified
or ascertainable date on which the supply of Energy is to begin, (ii) do not begin the supply of Energy within 30
days of the Start Date (unless, after the 30–day period, you have expressly authorized the supply of Energy to begin),
or (iii) are not properly licensed at law to enter into this Agreement with you; provided you will still be required to
pay for any Energy consumed at that Site while under contract with us.
To cancel that Site from this Agreement, you must notify us by calling our Customer Care Centre at +1–888–635–0502 (toll–
free in Alberta) or as otherwise set out in Section 6.4.
4.3. Changing Your Energy Program
You may change the Energy Program you have chosen for an existing Site one time during each billing cycle, based on the
then–available Energy Programs for this Agreement, for which you and that Site qualify. This switch becomes effective on
the date of the requested change and will be reflected on your next bill. After you have switched away from an Energy
Program, we may choose to stop offering that Energy Program, in which case that Energy Program would no longer be
available to you.
4.4. Deleting a Site
You may delete a Site from this Agreement at any time without penalty by providing us with one month’s notice. You will
need to list the Site identification number and service address you want to. After you delete a Site from this Agreement, we
may choose to stop offering the Energy Program that you had selected for that Site, in which case that Energy Program
would no longer be available to you. To delete a Site from this Agreement, you must notify us by calling our Customer Care
Centre at +1–888–635–0502 (toll–free in Alberta) or as otherwise set out in Section 6.4. Your outstanding obligations under
this Agreement (including any outstanding payment obligations) in respect of the Site will survive the cancellation or
deletion of the Site until any such obligations have been satisfied in full.
5. TERMINATING THE AGREEMENT
free in Alberta) or as otherwise set out in Section 6.4.
4.3. Changing Your Energy Program
You may change the Energy Program you have chosen for an existing Site one time during each billing cycle, based on the
then–available Energy Programs for this Agreement, for which you and that Site qualify. This switch becomes effective on
the date of the requested change and will be reflected on your next bill. After you have switched away from an Energy
Program, we may choose to stop offering that Energy Program, in which case that Energy Program would no longer be
available to you.
4.4. Deleting a Site
You may delete a Site from this Agreement at any time without penalty by providing us with one month’s notice. You will
need to list the Site identification number and service address you want to. After you delete a Site from this Agreement, we
may choose to stop offering the Energy Program that you had selected for that Site, in which case that Energy Program
would no longer be available to you. To delete a Site from this Agreement, you must notify us by calling our Customer Care
Centre at +1–888–635–0502 (toll–free in Alberta) or as otherwise set out in Section 6.4. Your outstanding obligations under
this Agreement (including any outstanding payment obligations) in respect of the Site will survive the cancellation or
deletion of the Site until any such obligations have been satisfied in full.
5. TERMINATING THE AGREEMENT
5.1. Your General Cancellation Right
You may cancel this Agreement at any time without Penalty by providing us with one month’s notice.
5.2. Additional Cancellation Rights
In addition to your general cancellation right set out in Section 5.1 above, and in all cases subject to Section 5.5 below, you
may cancel this Agreement:
(i) without cost or penalty within 10 days after we receive a copy of the Agreement signed by you, in the case of a
written agreement between you and us;
(ii) without cost or penalty within 10 days after you have acknowledged this Agreement online, if you entered into this
Agreement over the Internet;
(iii) without cost or penalty within 10 days after you receive a copy of the Agreement from us, if you entered into this
Agreement over the telephone;
(iv) without penalty within 60 days after you receive your first billing statement from us, if you entered into this
Agreement over the telephone, provided you will still be required to pay for any Energy consumed while under
contract with us;
(v) without cost or penalty if another agreement for energy services presently exists for the same Site(s) as under this
Agreement, except if the existing agreement is to expire on or before the Start Date of this Agreement; or
(vi) without penalty within one year from the Effective Date if you entered into this Agreement over the telephone and
we (i) do not set out a specified or ascertainable date on which the supply of Energy is to begin, (ii) do not begin
the supply of Energy within 30 days of the Start Date (unless you have expressly authorized the supply of Energy
to begin after the 30–day period), or (iii) are not properly licensed at law to enter into this Agreement with you;
provided you will still be required to pay for any Energy consumed while under contract with us.
5.3. Notice of Cancellation
To cancel this Agreement, you must notify us at +1–888–635–0502 (toll–free in Alberta) or as otherwise set out in Section 6.4.
5.4. Our Cancellation Rights
We may cancel all or a portion of this Agreement or one or more of your Energy Program(s) without penalty to us:
(a) immediately on notice to you if you do not fulfill any of your obligations under this Agreement;
(b) immediately on notice to you if you or your Site(s) do not meet the requirements set out in Sections 2.1(a), 2.1(b), 2.2,
2.3 and 2.4 or you become Insolvent;
(c) if you do not meet our credit requirements
(d) on one month’s notice to you at our discretion, if you exceed, or we believe your Profile indicates you will exceed, the
aggregate Energy limits specified in Section 2.1(a); or
(e) on one month’s notice to you at our discretion, unless your Energy Program has a fixed or guaranteed Energy Rate. In
that case we will honour the fixed or guaranteed price portion of your Energy Program (but not any floating or variable
price portion) for the applicable term, provided you and your Site continue to qualify for the Energy Program, and
subject always to our rights of cancellation under Sections 5.4(a), (b), (c) and (d) above.
5.5. Early Exit Fee
We may charge you an Early Exit Fee if you cancel this Agreement for one or more of the reasons set out in Section 5.2
above. The Early Exit Fee that applies to you is more specifically described in your Product Sheet and will appear as a line
item on your bill. If you do not pay the Early Exit Fee by the date indicated, we will charge you the applicable Late Payment
Charge in addition to the Early Exit Fee.
5.6. Suspension of Service
You and we agree that if this Agreement has terminated or been cancelled other than by us pursuant to Section 5.4 , and you
choose to resume service with an Energy Program under the terms of this Agreement within 60 days, this Agreement will
be deemed not to have terminated or been cancelled and you will continue on this same Agreement.
5.7. De–Enrollment and Outstanding Obligations
Any cancellation or termination of this Agreement or cancellation or deletion of a Site is effective upon de–enrollment of
the applicable Site(s) by the Distribution Company. When the Distribution Company does this, you will receive Energy
from a default supplier or another retailer you choose at the Site(s). Your outstanding obligations under this Agreement
(including any outstanding payment obligations) will survive the cancellation or termination of this Agreement or
cancellation or deletion of any Site until any such obligations have been satisfied in full.
5.8. Unexpected Events
Certain events beyond our control may make it impossible for us to fulfill our obligations under this Agreement. We are not
legally responsible to you in those events and will resume our obligations as soon as we reasonably can. This Agreement
will otherwise remain in full effect.
6. OTHER DUTIES AND RESPONSIBILITIES
price portion) for the applicable term, provided you and your Site continue to qualify for the Energy Program, and
subject always to our rights of cancellation under Sections 5.4(a), (b), (c) and (d) above.
5.5. Early Exit Fee
We may charge you an Early Exit Fee if you cancel this Agreement for one or more of the reasons set out in Section 5.2
above. The Early Exit Fee that applies to you is more specifically described in your Product Sheet and will appear as a line
item on your bill. If you do not pay the Early Exit Fee by the date indicated, we will charge you the applicable Late Payment
Charge in addition to the Early Exit Fee.
5.6. Suspension of Service
You and we agree that if this Agreement has terminated or been cancelled other than by us pursuant to Section 5.4 , and you
choose to resume service with an Energy Program under the terms of this Agreement within 60 days, this Agreement will
be deemed not to have terminated or been cancelled and you will continue on this same Agreement.
5.7. De–Enrollment and Outstanding Obligations
Any cancellation or termination of this Agreement or cancellation or deletion of a Site is effective upon de–enrollment of
the applicable Site(s) by the Distribution Company. When the Distribution Company does this, you will receive Energy
from a default supplier or another retailer you choose at the Site(s). Your outstanding obligations under this Agreement
(including any outstanding payment obligations) will survive the cancellation or termination of this Agreement or
cancellation or deletion of any Site until any such obligations have been satisfied in full.
5.8. Unexpected Events
Certain events beyond our control may make it impossible for us to fulfill our obligations under this Agreement. We are not
legally responsible to you in those events and will resume our obligations as soon as we reasonably can. This Agreement
will otherwise remain in full effect.
6. OTHER DUTIES AND RESPONSIBILITIES
6.1. LIMITATION ON RESPONSIBILITY
YOU AGREE THAT, AS YOUR ENERGY RETAILER, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE
FOR THE PHYSICAL SYSTEMS THAT SUPPLY YOUR ENERGY, THE CONTINUITY OF YOUR ENERGY
SUPPLY OR THE QUALITY OF YOUR ENERGY SUPPLY (INCLUDING VOLTAGE, FREQUENCY, AND
CONTINUITY OF ELECTRICITY. YOU AGREE THAT YOU ARE SUBJECT TO THE TERMS AND CONDITIONS
OF DISTRIBUTION SERVICE OF THE DISTRIBUTION COMPANY OR ITS AGENT, AND FAILURE TO COMPLY
WITH THOSE TERMS AND CONDITIONS MAY RESULT IN YOU BEING DISCONNECTED FROM THE
DISTRIBUTION SYSTEM, OR SUBJECT TO FEES. YOU AGREE THAT WE ARE ONLY RESPONSIBLE FOR
DAMAGES CAUSED DIRECTLY BY OUR ACTIONS, AND THE ACTIONS OF THOSE FOR WHOM WE ARE
RESPONSIBLE AT LAW. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR AND YOU RELEASE US FROM
ALL PUNITIVE, CONSEQUENTIAL OR SPECIAL DAMAGES, LOSS OF USE, REVENUE, PROFIT, OR
OPPORTUNITY. YOU AGREE THAT THIS PROVISION SURVIVES CANCELLATION OR TERMINATION OF
THIS AGREEMENT.
6.2. Privacy
The information you provide to us in any form or manner may be used and disclosed to others (including our service
providers, the Distribution Company and regulators) to establish and collect money for your account, to arrange for the
supply of Energy, for credit assessment and reporting purposes, for research, training and quality assurance purposes, to
communicate with you for educational or informational purposes, about your account, about your energy usage, or about
offerings and services from Solartility, its Affiliates or third parties, and for any other reason required or authorized by law.
We will not use or disclose your information for any other purpose without first requesting your consent.
We do not directly provide all the services related to your relationship with us. We may use third party service providers to
provide certain of these services, including, without limitation, account administrative support, data storage, client
communications and marketing. We may also engage third party service providers located in other jurisdictions outside
Alberta or Canada to provide these services (including, without limitation, the United States of America). As a result, your
personal information may be accessible to regulatory authorities in accordance with the laws of any such third party’s
jurisdiction. Regardless of where our service providers are located, we communicate our own commitment to privacy as
well as our expectations regarding the confidentiality and treatment of your information to our service providers.
By entering into this Agreement, you consent to us collecting, retaining, using, and disclosing your information in the
manner described in this Section 6.2 and in accordance with the terms of our privacy policy and Privacy Commitment,
which can be viewed at https://www.solartility.ca/privacy/ for the duration of this Agreement and 60 days thereafter or until
all your obligations under this Agreement are fulfilled, whichever is later. If you have questions or concerns about how your
information is protected, contact our privacy officer at 587–570–5588, or by email at privacy@solartility.com.
6.3. Notices from Solartility to You
Any notices to you required or provided under this Agreement shall be in writing and sent to the billing address or email
address set out on the Product Sheet (or such other address or email address as you may from time to time notify us of).
You agree that any such notice may be included in your bill, mailed or couriered to you, or provided by email to you, at our
discretion.
6.4. Notices to Us
Unless otherwise expressly stated in this Agreement, any notice that you wish to provide, or are required to provide, to us
under this Agreement must be sent to us at the address or contact information for us on the Product Sheet (or such other
address or contact information as we may from time to time notify you of) by any method that will allow you to provide
evidence that you gave notice, including, without limitation, by personal service, registered mail, courier or fax, or by calling
our Customer Care Centre at +1–888–635–0502 (toll–free in Alberta).
6.5. Entire Agreement
This Agreement represents the entire agreement between you and us.
6.6. Waiver and Remedies
No failure or delay to exercise a right under this Agreement will cancel that right. Seeking one remedy does not prevent
either you or us from seeking any other remedies we are entitled to seek.
6.7. Fixing Legal Problems with the Agreement
If any part of this Agreement cannot be enforced, you and we agree to amend that part of this Agreement to make it
enforceable without changing the intent of this Agreement. If that part cannot be amended without changing the intent of
this Agreement, it will be removed and the rest of this Agreement will stay in effect.
6.8. No Resale
You agree that the Energy supplied to you pursuant to this Agreement is for your use only and may not be resold.
6.9. Additional Person Access
You may add another person to your account who you would like to be authorized to make decisions regarding your account.
You must notify us of this change to your account by calling our Customer Care Centre at +1–888–635–0502 (toll–free in
Alberta) or as otherwise set out in Section 6.4. You agree that Solartility may fully rely on, and that you will be bound by,
the decisions, information and directions provided to Solartility by such other person.
6.10. Authority
You agree that you are the account holder in relation to the Site(s), or are authorized by the account holder in relation to the
Site(s), and that you have the authority to enter into this Agreement and bind the account holder. We are relying on that
authority for the purposes of this Agreement.
6.11. Amendments
(a) Changes at Our Discretion. You acknowledge and agree that we may amend this Agreement at any time in our
sole discretion. We will provide two months’ notice to you of any amendment to this Agreement. The notice will
either (i) set out the particulars of the amendment, (ii) reference a link to our website, where the particulars of the
amendment will be set out, or (iii) reference your online account, in which case the particulars of the amendment
will be set out in a notation on your online account. In the case of (ii) or (iii) we will provide you, at your request,
with a copy in writing of the particulars of the amendment. If you object to the amendment, you may cancel this
well as our expectations regarding the confidentiality and treatment of your information to our service providers.
By entering into this Agreement, you consent to us collecting, retaining, using, and disclosing your information in the
manner described in this Section 6.2 and in accordance with the terms of our privacy policy and Privacy Commitment,
which can be viewed at https://www.solartility.ca/privacy/ for the duration of this Agreement and 60 days thereafter or until
all your obligations under this Agreement are fulfilled, whichever is later. If you have questions or concerns about how your
information is protected, contact our privacy officer at 587–570–5588, or by email at privacy@solartility.com.
6.3. Notices from Solartility to You
Any notices to you required or provided under this Agreement shall be in writing and sent to the billing address or email
address set out on the Product Sheet (or such other address or email address as you may from time to time notify us of).
You agree that any such notice may be included in your bill, mailed or couriered to you, or provided by email to you, at our
discretion.
6.4. Notices to Us
Unless otherwise expressly stated in this Agreement, any notice that you wish to provide, or are required to provide, to us
under this Agreement must be sent to us at the address or contact information for us on the Product Sheet (or such other
address or contact information as we may from time to time notify you of) by any method that will allow you to provide
evidence that you gave notice, including, without limitation, by personal service, registered mail, courier or fax, or by calling
our Customer Care Centre at +1–888–635–0502 (toll–free in Alberta).
6.5. Entire Agreement
This Agreement represents the entire agreement between you and us.
6.6. Waiver and Remedies
No failure or delay to exercise a right under this Agreement will cancel that right. Seeking one remedy does not prevent
either you or us from seeking any other remedies we are entitled to seek.
6.7. Fixing Legal Problems with the Agreement
If any part of this Agreement cannot be enforced, you and we agree to amend that part of this Agreement to make it
enforceable without changing the intent of this Agreement. If that part cannot be amended without changing the intent of
this Agreement, it will be removed and the rest of this Agreement will stay in effect.
6.8. No Resale
You agree that the Energy supplied to you pursuant to this Agreement is for your use only and may not be resold.
6.9. Additional Person Access
You may add another person to your account who you would like to be authorized to make decisions regarding your account.
You must notify us of this change to your account by calling our Customer Care Centre at +1–888–635–0502 (toll–free in
Alberta) or as otherwise set out in Section 6.4. You agree that Solartility may fully rely on, and that you will be bound by,
the decisions, information and directions provided to Solartility by such other person.
6.10. Authority
You agree that you are the account holder in relation to the Site(s), or are authorized by the account holder in relation to the
Site(s), and that you have the authority to enter into this Agreement and bind the account holder. We are relying on that
authority for the purposes of this Agreement.
6.11. Amendments
(a) Changes at Our Discretion. You acknowledge and agree that we may amend this Agreement at any time in our
sole discretion. We will provide two months’ notice to you of any amendment to this Agreement. The notice will
either (i) set out the particulars of the amendment, (ii) reference a link to our website, where the particulars of the
amendment will be set out, or (iii) reference your online account, in which case the particulars of the amendment
will be set out in a notation on your online account. In the case of (ii) or (iii) we will provide you, at your request,
with a copy in writing of the particulars of the amendment. If you object to the amendment, you may cancel this
Agreement without penalty on one month’s notice in accordance with Section 5.1 above. If you provide such notice
at least one month prior to the amendment taking effect, the amendment will not apply to your Agreement and your
Agreement will be cancelled. You agree that this Agreement will continue after the amendment has taken effect
(regardless of whether or not, in the case of (ii) and (iii), you have requested a copy in writing of the particulars of
the amendment) if you do not give proper notice of cancellation. Your right to cancel this Agreement at any time
without penalty on one month’s notice in accordance with Section 5.1 above will not be affected.
(b) Changes to Administration Fee. We may change the Administration Fee that you pay in respect of an Energy
Program, but we will always provide you with 60 days’ notice of such changes. Though we may decrease an
Administration Fee by any amount and at any time in our discretion, we will never increase an Administration Fee
by more than twenty–five (25) percent each time, and no more than two (2) times per calendar year. If we change
an Administration Fee relating to one of your Energy Programs, we will notify you of such change in accordance
with Section 6.3. In accordance with Section 5.1, you can cancel your Agreement with one month’s notice before
the change takes effect.
(c) Changes to Late Payment Charge.
(i) We may change either the definition of the Late Payment Charge or the percentage set out in the definition
of the Late Payment Charge, but we will always provide you with 60 days’ notice of such change.
(ii) If we change the percentage set out in the definition of the Late Payment Charge, we may decrease the
dollar amount that you would pay for a Late Payment Charge by any amount and at any time in our
discretion, however we will never increase the dollar amount that you would pay for a Late Payment Charge
by more than twenty–five (25) percent each time, and no more than two (2) times per calendar year.
(iii) If we change either the definition of the Late Payment Charge or the percentage set out in the definition of
the Late Payment Charge, we will notify you of such change in accordance with Section 6.11(c)(i). In
accordance with Section 5.1, you can cancel your Agreement with one month’s notice before the change
takes effect.
(d) Changes Required Due to Changes in Law. If we believe that a change in law requires that we make a change
to this Agreement, we will notify you and, notwithstanding Section 6.11(a), the changes will apply one month after
the notice is sent.
(e) Offering New Energy Programs. From time to time, Solartility may offer new or different Energy Programs
under this Agreement. We are under no obligation to notify you of such additional Energy Programs. However, if
you add, or switch to, such an Energy Program, and your Energy Terms and Conditions do not include a set of terms
and conditions applicable to that type of Energy Program, then we will provide you with the set of Energy Terms
and Conditions applicable to that type of Energy Program, which will attach to and form part of your Energy Terms
and Conditions and this Agreement. If the rest of this Agreement conflicts with the set of Energy Terms and
Conditions applicable to that Energy Program, the terms and conditions of the rest of this Agreement shall prevail
to the extent of that conflict, unless otherwise expressly stated in that set of Energy Terms and Conditions.
(f) Retired Energy Programs. We may from time to time choose to stop offering certain Energy Programs (“Retired
Energy Programs”). We are under no obligation to notify you when we do this. If you are signed up for an Energy
Program that becomes a Retired Energy Program, you will nonetheless remain on that Retired Energy Program until
it is cancelled, terminated, deleted or switched by you or us (subject to the other provisions of this Agreement).
6.12. Transferring This Agreement
We may transfer this Agreement to another retailer by giving you notice. You may not transfer this Agreement to any other
person.
Agreement will be cancelled. You agree that this Agreement will continue after the amendment has taken effect
(regardless of whether or not, in the case of (ii) and (iii), you have requested a copy in writing of the particulars of
the amendment) if you do not give proper notice of cancellation. Your right to cancel this Agreement at any time
without penalty on one month’s notice in accordance with Section 5.1 above will not be affected.
(b) Changes to Administration Fee. We may change the Administration Fee that you pay in respect of an Energy
Program, but we will always provide you with 60 days’ notice of such changes. Though we may decrease an
Administration Fee by any amount and at any time in our discretion, we will never increase an Administration Fee
by more than twenty–five (25) percent each time, and no more than two (2) times per calendar year. If we change
an Administration Fee relating to one of your Energy Programs, we will notify you of such change in accordance
with Section 6.3. In accordance with Section 5.1, you can cancel your Agreement with one month’s notice before
the change takes effect.
(c) Changes to Late Payment Charge.
(i) We may change either the definition of the Late Payment Charge or the percentage set out in the definition
of the Late Payment Charge, but we will always provide you with 60 days’ notice of such change.
(ii) If we change the percentage set out in the definition of the Late Payment Charge, we may decrease the
dollar amount that you would pay for a Late Payment Charge by any amount and at any time in our
discretion, however we will never increase the dollar amount that you would pay for a Late Payment Charge
by more than twenty–five (25) percent each time, and no more than two (2) times per calendar year.
(iii) If we change either the definition of the Late Payment Charge or the percentage set out in the definition of
the Late Payment Charge, we will notify you of such change in accordance with Section 6.11(c)(i). In
accordance with Section 5.1, you can cancel your Agreement with one month’s notice before the change
takes effect.
(d) Changes Required Due to Changes in Law. If we believe that a change in law requires that we make a change
to this Agreement, we will notify you and, notwithstanding Section 6.11(a), the changes will apply one month after
the notice is sent.
(e) Offering New Energy Programs. From time to time, Solartility may offer new or different Energy Programs
under this Agreement. We are under no obligation to notify you of such additional Energy Programs. However, if
you add, or switch to, such an Energy Program, and your Energy Terms and Conditions do not include a set of terms
and conditions applicable to that type of Energy Program, then we will provide you with the set of Energy Terms
and Conditions applicable to that type of Energy Program, which will attach to and form part of your Energy Terms
and Conditions and this Agreement. If the rest of this Agreement conflicts with the set of Energy Terms and
Conditions applicable to that Energy Program, the terms and conditions of the rest of this Agreement shall prevail
to the extent of that conflict, unless otherwise expressly stated in that set of Energy Terms and Conditions.
(f) Retired Energy Programs. We may from time to time choose to stop offering certain Energy Programs (“Retired
Energy Programs”). We are under no obligation to notify you when we do this. If you are signed up for an Energy
Program that becomes a Retired Energy Program, you will nonetheless remain on that Retired Energy Program until
it is cancelled, terminated, deleted or switched by you or us (subject to the other provisions of this Agreement).
6.12. Transferring This Agreement
We may transfer this Agreement to another retailer by giving you notice. You may not transfer this Agreement to any other
person.
6.13. Change of Laws
(a) If a change of the laws governing this Agreement require changes to the Agreement, we will notify you in writing.
The changes to the Agreement will take effect thirty (30) days after we send notice to you of the changes. The
applicable Energy Charge and expiry date of the Agreement will not change without your consent.
(b) If any change in laws stops us from supplying Energy or services under this Agreement, then we may terminate this
Agreement. In that case, we will notify you in writing, and this Agreement will terminate 30 days after we sent that
notice without liability to either you or us.
7. GOVERNING LAW
This Agreement will be governed by the laws of Alberta and the laws of Canada applicable in Alberta, and it will be treated
as an Alberta agreement.
8. DEFINITIONS
Administration Fee: An amount we charge, once per billing cycle, for the supply of Energy under an Energy Program on
a per Site basis. The current Administration Fees for each Energy Program are available on Solartility.com or by calling at
+1–888–635–0502 (toll–free in Alberta). We may change these charges from time to time in accordance with Section 6.11(b)
above.
Affiliate: Has the meaning set out in the Business Corporations Act (Alberta), as amended from time to time; provided,
however, that such entity is not a Distribution Company.
Agreement: The agreement between you and us, under which we agree to sell you electricity and you agree to pay us, as
further described in Section 1.1.
Credit Information: Information about your creditworthiness and finances, including payment history with third parties.
Distribution Company: The company that operates your natural gas or electricity distribution system, including the load
settlement agent, and any applicable agent or appointee of such company or of such load settlement agent.
Due Date: The due date for payment specified on your bill.
Early Exit Fee: The fee payable by you in the event of a cancellation of the Agreement under Section 5.4 above, as set out
more specifically in the Product Sheet.
Energy Program Terms and Conditions: The document titled Energy Program Terms and Conditions, initially provided
with these Solartility General Terms and Conditions, as amended from time to time in accordance with this Agreement.
Effective Date: The date on which this Agreement is binding on you and us, being: in the case of a written agreement
between you and us, when we receive a copy of this Agreement, signed by you; or if you entered into this Agreement over
the telephone or Internet, when you acknowledge this Agreement.
Energy: The natural gas or electricity that you are buying under this Agreement, including services we provide as your
retailer.
Energy Program: An individual Energy Program you have chosen for electricity, as selected in the Product Sheet, or as
otherwise chosen or amended from time to time in accordance with this Agreement.
Energy Rate: The price per unit that you agree to pay for the Energy that is supplied to you under this Agreement. Your
Energy Rate for each Energy Program is as set out in the Product Sheet or as otherwise agreed to or changed in accordance
with this Agreement. Further details about your Energy Rate may be found in the set of Energy Terms and Conditions
applicable to your type of Energy Program as set out below. Your Energy Rate does not include any Administration Fees.
Insolvent: You are “Insolvent” if:
• you are not paying, or admit in writing to your inability to pay, debts as they become due;
• you file or consent to the filing of any petition or action seeking relief under any federal, provincial or foreign
bankruptcy, insolvency, reorganization, winding–up, readjustment of debts or other similar law; or
• you make a general assignment for the benefit of creditors, apply for or consent to the appointment of or taking of
possession of any of your assets by a custodian, receiver, bailiff, receiver–manager, trustee, liquidator or other person
with similar powers.
Late Payment Charge: Interest at the rate of 3.25% on any amounts billed to you that you have not paid by the Due Date
indicated on your bill.
Product Sheet: Either the written Product Sheet you signed and sent to us, or the Internet sign–up confirmation you
acknowledged online, as applicable, pursuant to which you initially selected your Energy Program(s). In the case of a written
The changes to the Agreement will take effect thirty (30) days after we send notice to you of the changes. The
applicable Energy Charge and expiry date of the Agreement will not change without your consent.
(b) If any change in laws stops us from supplying Energy or services under this Agreement, then we may terminate this
Agreement. In that case, we will notify you in writing, and this Agreement will terminate 30 days after we sent that
notice without liability to either you or us.
7. GOVERNING LAW
This Agreement will be governed by the laws of Alberta and the laws of Canada applicable in Alberta, and it will be treated
as an Alberta agreement.
8. DEFINITIONS
Administration Fee: An amount we charge, once per billing cycle, for the supply of Energy under an Energy Program on
a per Site basis. The current Administration Fees for each Energy Program are available on Solartility.com or by calling at
+1–888–635–0502 (toll–free in Alberta). We may change these charges from time to time in accordance with Section 6.11(b)
above.
Affiliate: Has the meaning set out in the Business Corporations Act (Alberta), as amended from time to time; provided,
however, that such entity is not a Distribution Company.
Agreement: The agreement between you and us, under which we agree to sell you electricity and you agree to pay us, as
further described in Section 1.1.
Credit Information: Information about your creditworthiness and finances, including payment history with third parties.
Distribution Company: The company that operates your natural gas or electricity distribution system, including the load
settlement agent, and any applicable agent or appointee of such company or of such load settlement agent.
Due Date: The due date for payment specified on your bill.
Early Exit Fee: The fee payable by you in the event of a cancellation of the Agreement under Section 5.4 above, as set out
more specifically in the Product Sheet.
Energy Program Terms and Conditions: The document titled Energy Program Terms and Conditions, initially provided
with these Solartility General Terms and Conditions, as amended from time to time in accordance with this Agreement.
Effective Date: The date on which this Agreement is binding on you and us, being: in the case of a written agreement
between you and us, when we receive a copy of this Agreement, signed by you; or if you entered into this Agreement over
the telephone or Internet, when you acknowledge this Agreement.
Energy: The natural gas or electricity that you are buying under this Agreement, including services we provide as your
retailer.
Energy Program: An individual Energy Program you have chosen for electricity, as selected in the Product Sheet, or as
otherwise chosen or amended from time to time in accordance with this Agreement.
Energy Rate: The price per unit that you agree to pay for the Energy that is supplied to you under this Agreement. Your
Energy Rate for each Energy Program is as set out in the Product Sheet or as otherwise agreed to or changed in accordance
with this Agreement. Further details about your Energy Rate may be found in the set of Energy Terms and Conditions
applicable to your type of Energy Program as set out below. Your Energy Rate does not include any Administration Fees.
Insolvent: You are “Insolvent” if:
• you are not paying, or admit in writing to your inability to pay, debts as they become due;
• you file or consent to the filing of any petition or action seeking relief under any federal, provincial or foreign
bankruptcy, insolvency, reorganization, winding–up, readjustment of debts or other similar law; or
• you make a general assignment for the benefit of creditors, apply for or consent to the appointment of or taking of
possession of any of your assets by a custodian, receiver, bailiff, receiver–manager, trustee, liquidator or other person
with similar powers.
Late Payment Charge: Interest at the rate of 3.25% on any amounts billed to you that you have not paid by the Due Date
indicated on your bill.
Product Sheet: Either the written Product Sheet you signed and sent to us, or the Internet sign–up confirmation you
acknowledged online, as applicable, pursuant to which you initially selected your Energy Program(s). In the case of a written
Product Sheet, we may send you a sign–up confirmation, based on your written Product Sheet; however, the actual written
Product Sheet that you signed and sent to us is the document that forms part of your Agreement.
Profile: Your consumption profile as determined by your Distribution Company.
Retired Energy Programs: Has the meaning given to it in Section 6.11(f).
Site: The physical location where we will supply Energy. Each site for electricity will have its own Site identification
number.
Site Schedule: The schedule of Sites originally set out on your Product Sheet, as amended or revised from time to time to
add or delete Sites in accordance with this Agreement.
Solartility General Terms and Conditions: This document titled Solartility General Terms and Conditions, as amended
from time to time in accordance with this Agreement.
Start Date: The date we first supply electricity or natural gas to a Site, as detailed in Section 2.5.
Profile: Your consumption profile as determined by your Distribution Company.
Retired Energy Programs: Has the meaning given to it in Section 6.11(f).
Site: The physical location where we will supply Energy. Each site for electricity will have its own Site identification
number.
Site Schedule: The schedule of Sites originally set out on your Product Sheet, as amended or revised from time to time to
add or delete Sites in accordance with this Agreement.
Solartility General Terms and Conditions: This document titled Solartility General Terms and Conditions, as amended
from time to time in accordance with this Agreement.
Start Date: The date we first supply electricity or natural gas to a Site, as detailed in Section 2.5.
ENERGY PROGRAM TERMS AND CONDITIONS
These Energy Program Terms and Conditions form part of your Agreement. Wherever we refer to “Solartility”, “we”, “our”
and “us”, it means Solartility Energy Inc. Words and phrases that are capitalized in these Energy Program Terms and
Conditions but not defined in these Energy Program Terms and Conditions are defined in the “Definitions” section of the
Solartility General Terms and Conditions.
These Energy Program Terms and Conditions are organized by types of Energy Programs. For the particular terms and
conditions that apply to each Energy Program you have selected, refer to the set of clauses that are stated to apply to that
type of Energy Program.
Under these Energy Program Terms and Conditions, we agree to supply Energy to you and you agree to pay us based on
the terms and conditions of this Agreement, including the terms and conditions applicable to your specific Energy
Program(s)
Subject to the various amendment provisions in the Solartility General Terms and Conditions, we reserve the right to make
changes to these Energy Program Terms and Conditions at any time. If there is a provision found in these Energy Terms
and Conditions that conflicts with the Solartility General Terms and Conditions, the provisions found in the Solartility
General Terms and Conditions will prevail to the extent of that conflict unless otherwise expressly stated in these Energy
Program Terms and Conditions. The inclusion of an Energy Program type in these Energy Program Terms and Conditions
does not mean we currently offer that Energy Program type or that we will continue to offer that Energy Program type in
the future. Also, from time to time, we may offer new types of Energy Programs that are not included below.
Market Rate Program Terms and Conditions
The following set of terms and conditions applies to the Market Rate Energy Program.
1.0 ADDITIONAL DEFINITIONS
Early Exit Fee: the fee payable for cancellation under Section 5.4 of the Solartility General Terms and Conditions, as more
specifically described in the Product Sheet.
EV: Electric vehicle.
Export Interval Meter Credit Rate: an electricity credit rate based on hourly / interval kWh exported to the grid, requiring
an interval meter, calculated as follows:
Export Interval Meter Credit Rate = SUM (PP*EIMC) / SUM (EIMC)
Where:
PP: means the AESO hourly power pool price as published by the AESO.
EIMC: means the hourly interval metered exported kWh of electricity at the site.
Export Transaction Fee: a fee payable per kWh for kWh exported to the grid as defined in the Product Sheet.
IFTTT Price Service: the service provided by Solartility that supports in home automation through IFTTT (which connects
various apps and devices, enabling them to work together in an automated way based on specific conditions you set).
Import Transaction Fee: a transaction fee payable per kWh for kWh imported from the grid as defined in the Product
Sheet.
Managed ESS Fee: the per month fee paid for Managed ESS service, which programmatically manages and optimizes
customer–owned or customer–leased Energy Storage Systems (ESS) as defined in the Product Sheet.
and “us”, it means Solartility Energy Inc. Words and phrases that are capitalized in these Energy Program Terms and
Conditions but not defined in these Energy Program Terms and Conditions are defined in the “Definitions” section of the
Solartility General Terms and Conditions.
These Energy Program Terms and Conditions are organized by types of Energy Programs. For the particular terms and
conditions that apply to each Energy Program you have selected, refer to the set of clauses that are stated to apply to that
type of Energy Program.
Under these Energy Program Terms and Conditions, we agree to supply Energy to you and you agree to pay us based on
the terms and conditions of this Agreement, including the terms and conditions applicable to your specific Energy
Program(s)
Subject to the various amendment provisions in the Solartility General Terms and Conditions, we reserve the right to make
changes to these Energy Program Terms and Conditions at any time. If there is a provision found in these Energy Terms
and Conditions that conflicts with the Solartility General Terms and Conditions, the provisions found in the Solartility
General Terms and Conditions will prevail to the extent of that conflict unless otherwise expressly stated in these Energy
Program Terms and Conditions. The inclusion of an Energy Program type in these Energy Program Terms and Conditions
does not mean we currently offer that Energy Program type or that we will continue to offer that Energy Program type in
the future. Also, from time to time, we may offer new types of Energy Programs that are not included below.
Market Rate Program Terms and Conditions
The following set of terms and conditions applies to the Market Rate Energy Program.
1.0 ADDITIONAL DEFINITIONS
Early Exit Fee: the fee payable for cancellation under Section 5.4 of the Solartility General Terms and Conditions, as more
specifically described in the Product Sheet.
EV: Electric vehicle.
Export Interval Meter Credit Rate: an electricity credit rate based on hourly / interval kWh exported to the grid, requiring
an interval meter, calculated as follows:
Export Interval Meter Credit Rate = SUM (PP*EIMC) / SUM (EIMC)
Where:
PP: means the AESO hourly power pool price as published by the AESO.
EIMC: means the hourly interval metered exported kWh of electricity at the site.
Export Transaction Fee: a fee payable per kWh for kWh exported to the grid as defined in the Product Sheet.
IFTTT Price Service: the service provided by Solartility that supports in home automation through IFTTT (which connects
various apps and devices, enabling them to work together in an automated way based on specific conditions you set).
Import Transaction Fee: a transaction fee payable per kWh for kWh imported from the grid as defined in the Product
Sheet.
Managed ESS Fee: the per month fee paid for Managed ESS service, which programmatically manages and optimizes
customer–owned or customer–leased Energy Storage Systems (ESS) as defined in the Product Sheet.
Managed EV Fee: the per month fee paid for Managed EV service, which programmatically controls and optimizes
customer–owned or customer–leased L2 EV Chargers as defined in the Product Sheet.
Managed Smart Energy Devices: the per month fee paid to Solartility for Smart Energy Devices in the home (e.g., smart
thermostats, water heaters, plugs, etc.) which programmatically manage and optimize energy rates for the customer–owned
or customer–leased Smart Energy Devices as defined in the Product Sheet
Market Energy Rate: an electricity rate based on hourly / interval consumption from grid data, requiring an interval meter,
calculated as follows:
Market Energy Rate = SUM (PP*HIMC) / SUM (HIMC)
Where:
PP: means the AESO hourly power pool price as published by the AESO.
HIMC: means the hourly interval metered consumption of electricity at the site.
Other AESO Charges: Other AESO charges calculated as follows:
Other AESO Charges = SUM ((LL + UFE) * (PP + TC + PSM + ALM)) +_ SUM (HC * (TC + PSM + ALM))
Where:
LL: means the amount of Line Loss determined by the distributor’s load settlement agent.
UFE: means the amount of unaccounted–for energy as determined by the distributor’s load settlement agent.
PP: means the AESO hourly power pool price as published by the AESO.
TC: means the energy market trading charge as published by the AESO.
PSM: means the hourly PSM charges, as published by the AESO and charged by the AESO to retailers to
pay for the uplift payments that the AESO pays to the generators of electricity.
ALM: means the hourly Adjustment to Load on Margin charges, as published by the AESO.
HIMC: means the hourly interval metered consumption of electricity at the site.
Renewable Energy Fee: the per kWh for Renewable Energy Attributes allocated to customer to guarantee 100% of
electricity consumed/imported from the grid is sourced from Alberta–based renewable energy generators (solar or wind) as
otherwise defined in the Product Sheet.
Site Administration Fee: the monthly fee payable for administration related to your Site, as more specifically described in
the Product Sheet.
2.0 PRICE
Managed Smart Energy Devices: the per month fee paid to Solartility for Smart Energy Devices in the home (e.g., smart
thermostats, water heaters, plugs, etc.) which programmatically manage and optimize energy rates for the customer–owned
or customer–leased Smart Energy Devices as defined in the Product Sheet
Market Energy Rate: an electricity rate based on hourly / interval consumption from grid data, requiring an interval meter,
calculated as follows:
Market Energy Rate = SUM (PP*HIMC) / SUM (HIMC)
Where:
PP: means the AESO hourly power pool price as published by the AESO.
HIMC: means the hourly interval metered consumption of electricity at the site.
Other AESO Charges: Other AESO charges calculated as follows:
Other AESO Charges = SUM ((LL + UFE) * (PP + TC + PSM + ALM)) +_ SUM (HC * (TC + PSM + ALM))
Where:
LL: means the amount of Line Loss determined by the distributor’s load settlement agent.
UFE: means the amount of unaccounted–for energy as determined by the distributor’s load settlement agent.
PP: means the AESO hourly power pool price as published by the AESO.
TC: means the energy market trading charge as published by the AESO.
PSM: means the hourly PSM charges, as published by the AESO and charged by the AESO to retailers to
pay for the uplift payments that the AESO pays to the generators of electricity.
ALM: means the hourly Adjustment to Load on Margin charges, as published by the AESO.
HIMC: means the hourly interval metered consumption of electricity at the site.
Renewable Energy Fee: the per kWh for Renewable Energy Attributes allocated to customer to guarantee 100% of
electricity consumed/imported from the grid is sourced from Alberta–based renewable energy generators (solar or wind) as
otherwise defined in the Product Sheet.
Site Administration Fee: the monthly fee payable for administration related to your Site, as more specifically described in
the Product Sheet.
2.0 PRICE
2.1 Energy Rate
Your Energy Rate Program is the Market Rate Program.
2.2 Payment
In exchange for the supply of electricity under this Energy Rate Program, and in addition to other amounts payable under
this Agreement, you agree to pay us, by the Current Bill Date:
• Market Energy Rate, multiplied by the amount of electricity we supply to you at the applicable Site(s); plus
• Site Administration Fees related to the applicable Site(s); plus
• Other AESO Charges, as applicable; plus
• the Renewable Energy Fee; plus
• Export Transaction Fees related to the applicable Site(s); plus
• Import Transaction Fees related to the applicable Site(s); plus
• any applicable Managed ESS Fee; plus
• any applicable Manage EV Fee; plus
• any applicable Managed Smart Energy Devices Fee; plus
• any applicable Late Payment Charges.
3.0 Conditions to Adding a Micro–generator Site
To add a Micro–generator site under this Energy Program, you must:
(a) qualify as a small or large Micro–generator under the Micro–generation Regulation, Alta Reg 27/2008; and
(b) have a bi–directional interval meter installed. If you are a Micro–generator with an existing bi–directional cumulative
meter, you must request a bi–directional interval meter to be installed by the applicable Distribution Company, after
which you will be deemed to be a large Micro–generator under the Micro–generation Regulation.
4.0 AMENDMENT OF RETAILER IMPORT AND RETAILER EXPORT TRANSACTION FEES
We may change the Retailer Import and Export Transaction Fees that you pay as part of the Energy Rate, but we will always
notify you first. Though we may decrease the Import Transaction Fee and the Export Transaction Fee by any amount and
at any time in our discretion, we will not increase the Import Transaction Fee and the Export Transaction Fee by more than
twenty–five (25) percent each time, and no more than two (2) times per calendar year. If we change the Import Transaction
Fee and the Export Transaction Fee, we will notify you of such change in accordance with the amendment provisions set
out in the Solartility Terms and Conditions. In accordance with the Solartility Terms and Conditions, you can cancel your
Agreement with one month’s notice before the change takes effect.
5.0 TERM
• any applicable Late Payment Charges.
3.0 Conditions to Adding a Micro–generator Site
To add a Micro–generator site under this Energy Program, you must:
(a) qualify as a small or large Micro–generator under the Micro–generation Regulation, Alta Reg 27/2008; and
(b) have a bi–directional interval meter installed. If you are a Micro–generator with an existing bi–directional cumulative
meter, you must request a bi–directional interval meter to be installed by the applicable Distribution Company, after
which you will be deemed to be a large Micro–generator under the Micro–generation Regulation.
4.0 AMENDMENT OF RETAILER IMPORT AND RETAILER EXPORT TRANSACTION FEES
We may change the Retailer Import and Export Transaction Fees that you pay as part of the Energy Rate, but we will always
notify you first. Though we may decrease the Import Transaction Fee and the Export Transaction Fee by any amount and
at any time in our discretion, we will not increase the Import Transaction Fee and the Export Transaction Fee by more than
twenty–five (25) percent each time, and no more than two (2) times per calendar year. If we change the Import Transaction
Fee and the Export Transaction Fee, we will notify you of such change in accordance with the amendment provisions set
out in the Solartility Terms and Conditions. In accordance with the Solartility Terms and Conditions, you can cancel your
Agreement with one month’s notice before the change takes effect.
5.0 TERM
5.1 Term of Energy Program
The length of the Term of your Energy Program is as set out on the Product Sheet or as otherwise agreed to by you and us
(including pursuant to Section 5.2 below). Subject to early cancellation or termination in accordance with the provisions of
this Agreement, your Term will begin on the Start Date, the date you switched to this Energy Program, or the date you
continued onto this Energy Program (as applicable). For certainty, the Term extends to the end of the day in which the end
of the Term is reached. See Section 5.2 below for provisions that explain what happens at the end of the Term.
5.2 Continuation
When the term of this Energy Program expires, Solartility may automatically continue this Agreement for the Site to which
this Energy Program applies. If we continue this Agreement, your new Energy Program for the applicable Site (the
“Continuation Energy Program”) will be the longest–term Micro–Generation Energy Program then available for which you
and your applicable Site qualify. The set of Energy Program Terms and Conditions applicable to Micro–Generation Energy
Programs will apply, and the term and price you pay for electricity (including the Energy Rate and Administration Fees)
will be based on those for such longest–term Micro–Generation Energy Program. The other provisions of this Agreement
will still apply during the continuation. At the end of the term of the Continuation Energy Program, the continuation
provision described in the set of Energy Program Terms and Conditions applicable to Micro–Generation Energy Programs
may be used by us to again continue this Agreement by creating another Continuation Energy Program for the applicable
Site.
We will provide two months’ notice to you before a Continuation Energy Program begins. If you object to the continuation,
you may cancel this Agreement or delete the applicable Site without penalty on one month’s notice in accordance with the
Solartility General Terms and Conditions. If you provide notice at least one month prior to the continuation taking effect,
the continuation will not apply to your Agreement and your Agreement will be cancelled with respect to the applicable Site.
You agree that this Agreement will continue to be in effect in respect of the applicable Site after the continuation if you do
not give proper notice of cancellation or deletion of the applicable Site. The continuation will not affect your right to cancel
this Agreement or delete a Site without penalty on one month’s notice in accordance with the Solartility General Terms and
Conditions. At any time, you may also change your Energy Program in accordance with the Solartility General Terms and
Conditions.
Variable Rate Program Terms and Conditions
The following set of terms and conditions applies to the Variable Rate Energy Program.
1.0 ADDITIONAL DEFINITIONS
Early Exit Fee: the fee payable for cancellation under Section 5.4 of the Solartility General Terms and Conditions, as more
specifically described in the Product Sheet.
EV: Electric vehicle.
Export Cumulative Meter Credit Rate: an electricity credit rate based on cumulative metered kWh exported to the grid,
calculated as follows:
Export Cumulative Meter Credit Rate = Variable Energy Rate
Export Transaction Fee: a fee payable per kWh for kWh exported to the grid as defined in the Product Sheet.
Import Transaction Fee: a transaction fee payable per kWh for kWh imported from the grid as defined in the Product
Sheet.
Other AESO Charges: Other AESO charges calculated as follows:
Other AESO Charges = SUM ((LL + UFE) * (PP + TC + PSM + ALM)) + SUM (HC * (TC + PSM + ALM))
Where:
LL: means the amount of Line Loss determined by the distributor’s load settlement agent.
UFE: means the amount of unaccounted–for energy as determined by the distributor’s load settlement agent.
PP: means the AESO hourly power pool price as published by the AESO.
TC: means the energy market trading charge as published by the AESO.
PSM: means the hourly PSM charges, as published by the AESO and charged by the AESO to retailers to
pay for the uplift payments that the AESO pays to the generators of electricity.
ALM: means the hourly Adjustment to Load on Margin charges, as published by the AESO.
HC: means the hourly consumption of electricity as determined by applying the distributor profile to the
cumulative metered consumption of electricity at the site.
Renewable Energy Fee: the per kWh for Renewable Energy Attributes allocated to customer to guarantee 100% of
electricity consumed/imported from the grid is sourced from Alberta–based renewable energy generators (solar or wind) as
otherwise defined in the Product Sheet.
Site Administration Fee: the monthly fee payable for administration related to your Site, as more specifically described in
the Product Sheet.
Variable Energy Rate: an electricity rate calculated as follows:
Variable Energy Rate = SUM ((HC) * (PP))/SUM(HC)
Where:
HC: means the hourly consumption of electricity as determined by applying the distributor’s hourly profile
for your rate class to your cumulative metered consumption.
PP: means the AESO hourly power pool price as published by the AESO.
2.0 PRICE
2.1 Energy Rate
Your Energy Rate Program is the Variable Rate Program.
2.2 Payment
In exchange for the supply of electricity under this Energy Rate Program, and in addition to other amounts payable under
this Agreement, you agree to pay us, by the Current Bill Date:
• Variable Energy Rate multiplied by the amount of electricity we supply to you at the applicable Site(s); plus
• Site Administration Fees related to the applicable Site(s); plus
• Other AESO Charges, as applicable; plus
• the Renewable Energy Fee; plus
• Export Transaction Fee related to the applicable Site(s); plus
• Import Transaction Fee related to the applicable Site(s); plus
• any applicable Late Payment Charges.
3.0 Conditions to Adding a Micro–generator Site
To add a Micro–generator site under this Energy Program, you must qualify as a small or large Micro–generator under the
Micro–generation Regulation, Alta Reg 27/2008. Notwithstanding that, participation in this Variable Rate Energy Program
is open to residential customers who do not have a Micro–generator site.
4.0 AMENDMENT OF RETAILER IMPORT AND RETAILER EXPORT TRANSACTION FEES
We may change the Retailer Import and Export Transaction Fees that you pay as part of the Energy Rate, but we will always
notify you first. Though we may decrease the Import Transaction Fee and the Export Transaction Fee by any amount and
at any time in our discretion, we will not increase the Import Transaction Fee and the Export Transaction Fee by more than
twenty–five (25) percent each time, and no more than two (2) times per calendar year. If we change the Import Transaction
Fee and the Export Transaction Fee, we will notify you of such change in accordance with the amendment provisions set
out in the Solartility Terms and Conditions. In accordance with the Solartility Terms and Conditions, you can cancel your
Agreement with one month’s notice before the change takes effect.
5.0 TERM
Your Energy Rate Program is the Variable Rate Program.
2.2 Payment
In exchange for the supply of electricity under this Energy Rate Program, and in addition to other amounts payable under
this Agreement, you agree to pay us, by the Current Bill Date:
• Variable Energy Rate multiplied by the amount of electricity we supply to you at the applicable Site(s); plus
• Site Administration Fees related to the applicable Site(s); plus
• Other AESO Charges, as applicable; plus
• the Renewable Energy Fee; plus
• Export Transaction Fee related to the applicable Site(s); plus
• Import Transaction Fee related to the applicable Site(s); plus
• any applicable Late Payment Charges.
3.0 Conditions to Adding a Micro–generator Site
To add a Micro–generator site under this Energy Program, you must qualify as a small or large Micro–generator under the
Micro–generation Regulation, Alta Reg 27/2008. Notwithstanding that, participation in this Variable Rate Energy Program
is open to residential customers who do not have a Micro–generator site.
4.0 AMENDMENT OF RETAILER IMPORT AND RETAILER EXPORT TRANSACTION FEES
We may change the Retailer Import and Export Transaction Fees that you pay as part of the Energy Rate, but we will always
notify you first. Though we may decrease the Import Transaction Fee and the Export Transaction Fee by any amount and
at any time in our discretion, we will not increase the Import Transaction Fee and the Export Transaction Fee by more than
twenty–five (25) percent each time, and no more than two (2) times per calendar year. If we change the Import Transaction
Fee and the Export Transaction Fee, we will notify you of such change in accordance with the amendment provisions set
out in the Solartility Terms and Conditions. In accordance with the Solartility Terms and Conditions, you can cancel your
Agreement with one month’s notice before the change takes effect.
5.0 TERM
5.1 Term of Energy Program
The length of the Term of your Energy Program is as set out on the Product Sheet or as otherwise agreed to by you and us
(including pursuant to Section 5.2 below). Subject to early cancellation or termination in accordance with the provisions of
this Agreement, your Term will begin on the Start Date, the date you switched to this Energy Program, or the date you
continued onto this Energy Program (as applicable). For certainty, the Term extends to the end of the day in which the end
of the Term is reached. See Section 5.2 below for provisions that explain what happens at the end of the Term.
5.2 Continuation
When the term of this Energy Program expires, Solartility may automatically continue this Agreement for the Site to which
this Energy Program applies. If we continue this Agreement, your new Energy Program for the applicable Site (the
“Continuation Energy Program”) will be the longest–term Micro–Generation Energy Program then available for which you
and your applicable Site qualify. The set of Energy Program Terms and Conditions applicable to Micro–Generation Energy
Programs will apply, and the term and price you pay for electricity (including the Energy Rate and Administration Fees)
will be based on those for such longest–term Micro–Generation Energy Program. The other provisions of this Agreement
will still apply during the continuation. At the end of the term of the Continuation Energy Program, the continuation
provision described in the set of Energy Program Terms and Conditions applicable to Micro–Generation Energy Programs
may be used by us to again continue this Agreement by creating another Continuation Energy Program for the applicable
Site.
We will provide two months’ notice to you before a Continuation Energy Program begins. If you object to the continuation,
you may cancel this Agreement or delete the applicable Site without penalty on one month’s notice in accordance with the
Solartility General Terms and Conditions. If you provide notice at least one month prior to the continuation taking effect,
the continuation will not apply to your Agreement and your Agreement will be cancelled with respect to the applicable Site.
You agree that this Agreement will continue to be in effect in respect of the applicable Site after the continuation if you do
not give proper notice of cancellation or deletion of the applicable Site. The continuation will not affect your right to cancel
this Agreement or delete a Site without penalty on one month’s notice in accordance with the Solartility General Terms and
Conditions. At any time, you may also change your Energy Program in accordance with the Solartility General Terms and
Conditions.
You agree that this Agreement will continue to be in effect in respect of the applicable Site after the continuation if you do
not give proper notice of cancellation or deletion of the applicable Site. The continuation will not affect your right to cancel
this Agreement or delete a Site without penalty on one month’s notice in accordance with the Solartility General Terms and
Conditions. At any time, you may also change your Energy Program in accordance with the Solartility General Terms and
Conditions.
