Utiliz Agent Authorization & Broker Agreement

Summary in plain English: You authorize Utiliz to switch your electricity supply to plans we calculate will save you money over time. You agree not to switch yourself while a Utiliz customer. You may terminate this authorization at any time. Please read the full legal agreement below.

Welcome to www.myutiliz.com (the "Site"), a website operated by Utiliz LLC ("Utiliz"). Utiliz's online utility supplier switching service enables customers ("Customer" or "you") to purchase its service for a flat monthly or annual subscription fee, upload their utility bills, and receive supplemental information and explanations (the "Service"). You may use Utiliz to manage your electricity suppliers, natural gas suppliers, or both, depending on your location. The term "energy" in this document may refer to electricity or gas.

This Agent Authorization & Broker Agreement (the "Agreement") forms a binding agreement between Utiliz and ________________________________________ (together, the "Parties"), and shall govern the Parties' responsibilities with respect to the Service.

BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT, THE TERMS OF USE AND SERVICE AVAILABLE HERE AND THE PRIVACY POLICY AVAILABLE HERE. IF YOU OBJECT TO, OR DISAGREE WITH, ANYTHING CONTAINED IN THIS AGREEMENT, THE TERMS OF USE AND SERVICE, OR THE PRIVACY POLICY, YOU ARE NOT PERMITTED TO USE THE SERVICE, BUT YOU ACKNOWLEDGE YOU REMAIN BOUND IF YOU NEVERTHELESS USE THE SITE OR THE SERVICE. YOU FURTHER ACKNOWLEDGE THAT THE TERMS OF USE AND SERVICE AND PRIVACY POLICY ARE HEREBY INCORPORATED BY REFERENCE INTO THIS AGREEMENT.

To participate in the Service, you acknowledge that you must set up and maintain a Utiliz account via the Site. For more information about Utiliz, you understand that you can either visit the Site or send an email to help@myutiliz.com.

By purchasing a Utiliz subscription and uploading or sending us your utility bill you agree as follows:

  1. You are the authorized representative for the account(s) listed on the utility bill, and you authorize the named local distribution companies or utility companies indicated on the bill to furnish us and/or our designated utility suppliers (each, a "Supplier" and collectively, "Suppliers") with the historical energy usage and load data for the accounts listed.
  2. You authorize Utiliz to monitor energy markets on your behalf and identify opportunities for switching your supplier to a more competitive plan. Utiliz does not warrant that it will solicit prices from every potential Supplier or that it will receive competitive offers from every Supplier it does solicit.
  3. You authorize Utiliz to act as your non-exclusive agent for the purposes of obtaining supplier pricing for the account(s) listed on your utility bill. You are under no obligation to deal with Utiliz exclusively, provided, however, that if Utiliz solicits prices from Suppliers on your behalf, you will not purchase directly from such Supplier outside the scope of this Agreement.
  4. You authorize Utiliz to act as your special agent with the power to switch your energy supplier at any time that Utiliz finds a supplier offer that it believes in good faith will save you money on an annualized basis compared to your utility's standard service offering. You understand and acknowledge that any such switching will occur automatically without your additional consent. You explicitly authorize Utiliz to sign supplier contracts on your behalf with the signature "________________________________________ BY <AGENT> (UTILIZ LOA)". This authorization includes allowing Utiliz to temporarily revert you to your utility’s standard service if there is no better current offer. In that case Utiliz will continue to monitor the market until a better offer becomes available.
  5. You will receive notification of switches done on your behalf to the email address configured in your Service account. You will receive one notification when your enrollment is submitted by Utiliz to the supplier. You will receive a second email after the local utility confirms with the supplier that the switch has been accepted and the supplier informs Utiliz. You will receive a third email on or about the date your enrollment becomes active. Thereafter, you will receive monthly updates on or about your meter read date with information on our estimates of your savings to date. You will also be able to view the status and history of all of your supplier enrollments on the Site in your Utiliz account.
  6. Utiliz calculates your estimated savings based on known and projected future utility standard service rates and your predicted future usage, which is based on your historical usage. You may update our record of your estimated usage at any time by sending a more recent utility bill to bills@myutiliz.com. Projected savings shown on the Utiliz Site or in emails from Utiliz are best estimates and are not guaranteed to be accurate.
  7. If you join Utiliz while on an existing 3rd party supplier plan, you may be liable for an early termination fee (ETF) on your current contract when Utiliz initiates your first switch. Utiliz will attempt to contact you by email if this situation arises prior to performing your first switch to request your approval to proceed. However under no circumstances will Utiliz be liable for any ETF you incur as a result of your pre-existing plan. While this Agreement is in effect, Utiliz will not knowingly cause you to incur an ETF as a result of actions by Utiliz without your consent.
  8. Any supply agreement for utility services rendered shall be between you and the Supplier — Utiliz is merely facilitating the transaction between you and the Supplier.
  9. Any email communication sent from Supplier to you regarding your Service may instead be sent to Utiliz, for the purposes of Utiliz keeping informed of the status of your utility service with them. We will use this information to update your Customer account on the Utiliz website. Any important documents relating to your account will be available online in your Utiliz account and may not be forwarded to you by email.
  10. You agree to not switch your Supplier yourself or through any other broker without first canceling your online Service account with Utiliz. If you switch Suppliers outside of Utiliz while an active Utiliz customer, you may not be eligible for a pro-rated refund if Utiliz or you cancel your Utiliz Service later.
  11. Utiliz is not an energy supplier, generator, transmitter, utility, financial advisor, commodity trading advisor, or distributor of energy, and Utiliz assumes no responsibility for the energy supply obligations of a Supplier pursuant to the supplier contract entered into by you and the Supplier. However, if your Supplier is unable to fulfill their obligations for any reason your local utility will step in as the "Supplier of Last Resort" and you should not experience any interruption in service.
  12. You understand that while Utiliz will always make its best effort to secure you competitive energy prices and ensure you save money on an annualized basis versus staying with your utility's standard service, we cannot guarantee that on any particular day you will always be on the lowest cost plan available.
  13. Utiliz has a vetting process for Suppliers and reserves the right not to consider plans from Suppliers that it considers to be unscrupulous or not credit-worthy, regardless of how competitive their prices might be.
  14. For all Utiliz subscription plans, Utiliz is compensated only by its subscription fee and will not add any spread or hidden charges to rates offered by Suppliers. If Utiliz is forced to take a commission by a Supplier, it will segregate those funds and offer them, on a pro-rata basis, to you as a promotional credit to be used toward future Utiliz subscription charges.
  15. Your energy bill consists of two main portions: supply/generation and transmission/distribution. Utiliz only deals in supply/generation and any estimated savings quoted apply only to supply/generation. Supply cost generally represents around 50% of your total bill.
  16. If, on an annual basis, the amount of money you save on energy generation versus staying on your utility's standard service is not at least as much as your annual Utiliz subscription charges, we will refund the difference as promotional credit to be used toward future Utiliz subscription charges. No refunds will be made in any other form, including but not limited to cash or cash equivalents. To claim a refund, please call 1-844-707-5757 or send an email to help@myutiliz.com.
  17. The guarantee mentioned above does not apply if you specify any constraints on the amount of renewable energy in the plans we enroll you in.
  18. The term of this Agreement, for annual plans, shall be one year from the date you pay your first Utiliz subscription charge and shall automatically renew for one year periods until canceled by either you or Utiliz. For monthly plans, the term is monthly and shall automatically renew for one month periods until canceled by either you or Utiliz.
  19. Utiliz may choose to terminate this agreement at any time for any reason. If Utiliz cancels your Service account, you will receive a pro-rated cash refund of any subscription fees paid, unless you switched your Supplier yourself or with another broker outside of Utiliz while a Utiliz customer.
  20. You may cancel your Service account at any time by calling 1-844-707-5757. If you cancel your Service account, you will receive a pro-rated cash refund of any subscription fees paid, minus $10 per Supplier switch performed during the current billing term.
  21. If your Utiliz Service is canceled for any reason, Utiliz will no longer be managing your electricity switching. Whatever plan you were on at the time of cancellation will remain in effect until it expires or you switch yourself to another plan. You must monitor the expiration of that plan yourself and ensure you understand the implications of it expiring without a renewal or switch. Utiliz recommends that if you are not well versed in the electricity markets that you return to your utility’s standard service offering as soon as possible.
  22. Utiliz may from time to time award you promotional credits, for example as part of our "Give and Get" referral program. Promotional credits will be applied toward your future Utiliz subscription fees but may not be redeemed in any other form, including but not limited to cash or cash equivalents.
  23. You shall indemnify, defend, and hold harmless Utiliz, its principals, employees, agents, licensors, attorneys, parents, subsidiaries, affiliates, suppliers, and the officers, directors, employees, consultants and agents of each, from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred, in connection with or arising from or out of (i) your use or inability to use the Site or Service, (ii) your compliance with laws and regulations, and (iii) your relationship with any Supplier.
  24. This agreement incorporates all prior understandings and agreements between the Parties. This agreement may not be assigned or amended without mutual written consent. Any notices or communications shall be sent to the email address registered with your Service account. Any notices or communications to Utiliz shall be sent via email to help@myutiliz.com.
  25. The Parties may waive any right under the Agreement without invalidating the Agreement or waiving any other rights.
  26. Should one or more of the provisions contained herein be held to be invalid, illegal, or unenforceable in any respect or for any reason, such invalidity, illegality, or unenforceability shall not affect any other provision of the Agreement. Such invalid, illegal, or unenforceable provision shall, to the extent permitted by law, be deemed amended and given such interpretation as to achieve the intent of this Agreement.
  27. The agreement shall be subject to Connecticut law without giving effect to principles of conflicts of law.
  28. Utiliz may show your e-signed copy of this Agreement to utility companies, suppliers, regulators or other authorized parties as required as proof of Customer's agreement with Utiliz.

Signed: ________________________________________

Date: ________________________________________
Transaction ID: