ENERGY AGREEMENT
UTILITY NETWORK & PARTNERS INC.
("UTILITYnet")
TERMS AND CONDITIONS UPDATE
Effective as of September 29, 2026
(Changes in red)
Table of Contents
1.0
INTRODUCTION
2.0
ENERGY PLANS
3.0
SPECIAL PROGRAMS
4.0
APPOINTING UTILITYNET AS YOUR AGENT
5.0
CUSTOMER QUALIFICATIONS
6.0
SIGNING-UP
7.0
YOUR RESPONSIBILITIES
8.0
SET UP PROCESS AND START OF ENERGY SERVICES
9.0
INVOICING PROCESS
10.0
PAYMENT TERMS
11.0
TERM OF THIS ENERGY AGREEMENT
12.0
RENEWAL OF THIS ENERGY AGREEMENT
13.0
CANCELLATION OF THIS ENERGY AGREEMENT
14.0
CHANGES TO THIS ENERGY AGREEMENT
15.0
PRIVACY AND CONFIDENTIALITY
16.0
NOTICES
17.0
UNEXPECTED EVENTS
18.0
LIMITATION OF LIABILITY OF UTILITYNET
19.0
GENERAL TERMS
1.5
Disclosure Statement to Consumers - (For Internet marketing contracts)
Please read this statement before you acknowledge it. Before you enter into a marketing contract for the supply of energy you should understand the following:
(a)
This contract is not an electricity or gas utility or government rebate program.
(b)
The business named in this contract may not be able to supply energy cheaper than your current utility company.
(c)
This contract can be ended only under the following conditions:
(i)
You may cancel this contract with 10 Business Days' notice by submitting a Cancellation Form through your My Account Portal. This can be done without penalty at any time throughout the Term of the contract.
(d)
If you move to another location within Alberta, you will not be responsible to buy energy under this contract.
(e)
You may cancel this contract from the day you acknowledge the contract until 10 days after a copy of the contract that you acknowledged is received by the marketer. You do not need a reason to cancel the contract. To cancel the contract, you must give notice of cancellation at the address in the contract. You may give notice of cancellation by any method that will allow you to prove that you gave notice, including mail, fax, e-mail or by personal delivery. Under certain circumstances you may have more than 10 days to cancel the contract.
If you need more information on cancelling the contract, or if you feel you have been treated unfairly, you may contact Service Alberta at 780-427-4088. Outside Edmonton call 1-877-427-4088 toll free.
2.2
Energy Plan Options
The type of Energy Plan you choose will determine the rates you pay and how they are calculated. Subject to certain qualification requirements, you may have the following Energy Plan options:
(g)
Solar Club® - Micro-Generators that qualify as "small" Micro-Generators under the Micro-Generation Regulation, Alta Reg 27/2008 (a "Small Micro-Generator"), may participate in UTILITYnet's Solar Club®. A Solar Club® Member may receive the following benefits depending the Energy Plan they choose:
(viii)
provide a donation to its local food bank.
Qualifying Customers may sign up for a Solar Club® 2-Year Energy Plan at the rates set out in section 2.1 above. Qualifying Solar Club® 2-Year HI Rate Energy Plan members may be entitled to cash back benefits as described in subsection 2.2(g) above and section 3.2 below. Solar Club members will be divided into groups based on their dates of enrollment (each a "Membership Group"). The HI Rate and LO Rate that apply to you and your Site at any given time will be determined by your Membership Group.
(i)
Pre-Solar Rate – A Pre-Solar Rate is a predetermined, stable (fixed), guaranteed rate, valid up to a maximum of 180 days. It is intended to apply if you are in the process of installing solar modules at your Site, meaning that you have a solar module installation date scheduled within the next 150 days, to become a Small Micro-Generator (as described above). The Pre-Solar Rate will expire:
(i)
when the site designation is updated from non-micro-generation status to small micro-generation status in the Site Catalog by the Wires Distribution Company; This will automatically occur once your solar modules are installed;
(ii)
180 days from the date of enrollment in the Pre-Solar Rate plan if you have a solar module installation date scheduled to occur within the 180-day period; or
(iii)
150 days after your enrollment in the Pre-Solar Rate plan if, by the 150th day after your enrollment in the Pre-Solar Rate plan, you do not have a solar module installation date scheduled to occur within the 180-day period,
whichever comes first.
If your Site is designated as a small micro-generation site within 180 days of initial enrollment, your Energy Agreement will automatically be switched to the current Solar Club® LO Rate. If your Site remains a non-micro-generation site after either 180 days as per subsection 2.2(i)(ii) or after 150 days as per subsection 2.2(i)(iii), your Energy Agreement will be renewed on the lowest applicable Stable Electricity Rate available at UTILITYnet's sole discretion. If your scheduled installation date is postponed and there is a delay in the installation of your solar modules that is beyond your control, you may be able to extend the Pre-Solar Rate by providing Customer Care with a written statement from your solar module installer explaining the reason for the delay. If the Wires Distribution Company is delayed in updating the status of your Site in the Site Catalog, you may be able to extend the Pre-Solar Rate by providing Customer Care with a copy of your final paid invoice evidencing the completion of your solar module installation. Any extension shall be at UTILITYnet's sole discretion.
Once your Energy Agreement is updated to the Solar Club® LO Rate, the pertinent Solar Club® provisions in subsection 2.2(g) will apply. You may only qualify for the Pre-Solar Rate once per Site and no promotional code may be combined with the Pre-Solar Rate.
To qualify for the Pre-Solar Rate, you must:
(iv)
provide proof of a signed contract with a solar module installer at the time of enrollment; and
(v)
apply for the Pre-Solar Rate plan using a referral code provided by your solar module installer.
If your contract with a solar module installer is terminated or cancelled for any reason before the solar modules are fully installed, while you are receiving the Pre-Solar Rate, you must notify Customer Care immediately. If you provide this notification to UTILITYnet and then subsequently enter into a contract with another solar module installer to complete the installation work, UTILITYnet may, at its sole discretion, permit you to receive the Pre-Solar Rate again at the same Site.
2.6
Solar Club® Preliminary Billing Data
(b)
Your Pre-Bill Data will only be available for you to view during your Pre-Bill Window. If available, your Pre-Bill Data will include the following information:
(i)
your Next Invoice Date;
(ii)
your imported kWh and your exported kWh for the upcoming billing cycle. Sometimes either your imported kWh or exported kWh may be zero. On rare occasions your Net kWh may be zero, if your imports exactly match your exports;
(iii)
whether you will be a "Net Exporter" meaning that your net kWh electricity exports will exceed your net kWh electricity imports, or you will be "Net Importer" meaning that your net kWh electricity imports will exceed your net kWh electricity exports, for your next billing cycle. If you will be a Net Exporter, you may want to consider switching to the applicable HI Rate and if you will be a Net Importer, you may want to consider switching to the applicable LO Rate, for the next billing cycle prior to your Next Invoice Date. Your "Net kWh Status" may change between Net Exporter or Net Importer from time to time; and
(iv)
your "Earliest Possible Rate Change Date" which is the earliest date to which you can backdate your rate switch if you submit a Rate Option Change Request.
Sometimes, your import or export data may be blank. This means that no data was received from the Wire Distribution Company so no calculation can be provided. If your Pre-Bill Data includes a message indicating a specific date on which your Pre-Bill Data will be available it either means you are trying to access your Pre-Bill Data outside your Pre-Bill Window, or your Site is too new to have Pre-Bill Data.
2.7
Charitable and Community Partner Donations.
(a)
An Energy Marketer may promote a financial commitment to various community and social causes by donating a percentage of its income to a community partner or charitable organization. Where this is specifically promoted, UTILITYnet will withhold the donation funds by deducting them from the monthly marketing fees paid to the Energy Marketer by UTILITYnet. UTILITYnet will hold the donation funds in trust and transfer them to the specified donee periodically. This service is provided by UTILITYnet free of charge and there are no Administration Fees deducted from the donations being made. A list of the Energy Marketer's current community partners and charitable organizations is listed on the Energy Marketer's website and included on the UTILITYnet Application Form.
(b)
Should the contractual agreement between UTILITYnet and the Energy Marketer end for whatever reason, UTILITYnet shall not be obligated to continue to support the specific community partners and charitable organizations supported by the Energy Marketer.
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3.
SPECIAL PROGRAMS
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3.1
Solar Club® Automatic RateSwitch Program
(a)
The Solar Club® Automatic RateSwitch Program ("RateSwitch") is an optional program for all Solar Club® members that may help you accommodate electricity generation fluctuations so that you do not need to monitor your accounts and submit Rate Option Change Requests to manually make these changes as per subsection 2.6(a) above. If applicable, RateSwitch will automatically switch your Energy Plan rate:
(i)
between the HI Rate and the LO Rate applicable for your Membership Group;
(ii)
between the Variable Rate and the HI Rate applicable to the most recent Membership Group at the time of the switch;
(iii)
from a Promotional Rate to the HI Rate applicable to the most recent Membership Group at the time of the switch, and then later to the LO Rate applicable to the most recent Membership Group at the time of the first switch; or
(iv)
from a Fixed Rate to the HI Rate applicable to the most recent Membership Group at the time of the switch, and then later to the LO Rate applicable to the most recent Membership Group at the time of the first switch.
3.2
Solar Club® Electric Vehicle Cash Back Program.
(a)
In response to and to help offset the electric vehicle ("EV") tax implemented by the Alberta Government, UTILITYnet will provide qualifying Solar Club® members on Solar Club® 2-Year HI Rate Energy Plans with an annual 5% cash back payment per year on one electricity and one natural gas account held by the Customer, per Customer Site and per battery EV ("EV Cash Back Payment") subject to the terms and conditions in this section 3.2. For example, if a Customer has two Sites at which it receives Energy Services from UTILITYnet and two battery EVs, the Customer may register to receive the EV Cash Back Payment for its electricity and natural gas accounts for its first Site and its second Site. If a Customer has two or more Sites and only one battery EV it may receive the EV Cash Back Payment for its electricity and natural gas accounts for one of its Sites. If the Customer has one Site and two or more battery EVs, it may receive the EV Cash Back Payment for its Site for one of its EVs.
3.4
Refer a Friend Program.
(a)
The Program. The Refer a Friend Program ("Refer a Friend") is an optional program available to all eligible existing Customers of UTILITYnet, allowing participants to earn rewards for referring friends and family members to UTILITYnet.
(b)
Referrers. To be eligible to participate in Refer a Friend as a referrer ("Referrer"), a Customer must:
(i)
have an active residential, business, or farm account in good standing with UTILITYnet;
(ii)
be current on all payments to UTILITYnet;
(iii)
have valid and up-to-date contact information on file with UTILITYnet;
(iv)
obtain their unique referral link ("Referral Link") from their My Account Portal; and
(v)
comply with all Referrer obligations and requirements of Refer a Friend.
(c)
To participate, an eligible Referrer shall provide their Referral Link to qualified friends and family members ("Referees") to sign up for Energy Plans with UTILITYnet. The Referrer, and in some cases, also the Referee, will receive a reward from UTILITYnet (a "Reward") for qualifying referral enrollments.
(d)
Referees. To qualify as a Referee, a person must:
(i)
meet all eligibility requirements for their selected Energy Plan;
(ii)
not have had an active residential, business, or farm account with UTILITYnet within the previous twelve (12) months;
(iii)
not be an employee, contractor, agent, affiliate or representative of UTILITYnet, including immediate family members and household members of such individuals;
(iv)
successfully enroll with UTILITYnet using a valid referral link from a Referrer.
(e)
Rewards. If a Referee signs up for an Energy Plan with UTILITYnet using a Referrer's referral link, then in accordance with UTILITYnet's Reward program existing at the time:
(i)
the Referrer shall receive a Reward from UTILITYnet; or
(ii)
both the Referrer and the Referee shall receive a Reward from UTILITYnet.
(f)
The provision of Rewards by UTILITYnet shall be subject to the following:
(i)
a Reward shall be in the amount specified by UTILITYnet at the time the Referee enrolls in an Energy Plan. UTILITYnet, at its sole discretion may modify the applicable Reward amount at any time prior to the completion of a qualifying referral enrollment;
(ii)
UTILITYnet may determine, from time to time, whether it will provide Rewards to both a Referrer and a Referee, or just a Referrer;
(iii)
a Referrer's account and the Referee's account must both remain active and in good standing and neither account may be cancelled, suspended, or in arrears in order for a Reward to be provided;
(iv)
Rewards are non-transferable;
(v)
Refer a Friend cannot be combined by a Referee with any other promotional offer unless expressly permitted by UTILITYnet, and only one Referral Link can be used by a Referee;
(vi)
subject to the rules set out in subsection 3.4(g), a Referrer may make an unlimited number of referrals, unless otherwise restricted by UTILITYnet;
(vii)
a Referrer shall only receive one Reward per Referee;
(viii)
Rewards will be issued approximately sixty (60) days after a Referee's successful enrollment for an Energy Plan and the service start date, subject to verification of eligibility;
(ix)
Rewards will be delivered to a recipient by a method determined by UTILITYnet, including but not limited to direct deposit into the recipient's bank account on file with UTILITYnet. UTILITYnet may choose to change this method of delivery from time to time, at its sole discretion;
(x)
Referrers and Referees are responsible for ensuring that all contact information and bank account information on file with UTILITYnet is accurate and up to date. UTILITYnet shall not be responsible for any uncompleted or delayed Reward deliveries resulting from inaccurate information on file with UTILITYnet, or technical issues.
(g)
Program Rules and Regulations. All Referrers participating in Refer a Friend must comply with the following rules:
(i)
Referrers must comply with all applicable laws, including but not limited to Canada's Anti-Spam Legislation (CASL). In particular, Referrers:
A
must only provide their referral links to individuals with whom they have a personal relationship and have consent to contact them;
B
must clearly disclose to a potential Referees, any personal benefit the Referrers will receive from participation in Refer a Friend;
C
must not engage in spam, mass distribution, paid advertising, or automated methods to promote or provide referral links; and
D
must not misrepresent themselves as agents or representatives of UTILITYnet;
(ii)
Referrers may only use UTILITYnet's trademarks, promotional materials, and branding as provided by UTILITYnet and without modification;
(iii)
Referrers and Referees must not attempt to manipulate or undermine the legitimate operation of Refer a Friend in any way;
(iv)
By participating in Refer a Friend, Referrers and Referees are:
A
consenting to the collection, use, and disclosure of their personal information to the extent required to facilitate Refer a Friend and in accordance with UTILITYnet's Privacy Policy;
B
acknowledging and agreeing that limited information regarding the Referee (ex. Referee's name and services start date) may be shared with the Referrer to facilitate Refer a Friend;
C
acknowledging and agreeing that UTILITYnet may use third-party service providers to administer Refer a Friend on behalf of UTILITYnet, provided that all personal information of the Referrer and Referee shall be collected and used in accordance with the Personal Information Protection Act (Alberta); and
(v)
By participating in Refer a Friend, Referrers and Referees agree to comply with and be bound by these Terms and Conditions.
(h)
Disqualification and Termination of Refer a Friend. UTILITYnet, in its sole and absolute discretion, may:
(i)
verify the eligibility of a Referrer and Referee at any time and from time to time;
(ii)
disqualify any Referrer or Referee who breaches these Terms and Conditions or is reasonably suspected of fraud or misconduct, and any attempt to manipulate or undermine the legitimate operation of Refer a Friend may also result in legal action, at UTILITYnet's sole discretion.
(i)
UTILITYnet's Operation of Refer a Friend. UTILITYnet may operate and make decisions regarding Refer a Friend in its sole, unfettered discretion. At any time and from time to time, UTILITYnet may:
(i)
modify, suspend, or terminate Refer a Friend without prior notice; and
(ii)
interpret and apply these Terms and Conditions, with all of its decisions being final and binding.
(j)
To the extent permitted by law, UTILITYnet hereby disclaims all liability for any direct, indirect, incidental, or consequential damages, claimed by any Referrer or Referee. UTILITYnet shall not be responsible for any losses or damages:
(i)
due to technical errors, system failures, or interrupted communications;
(ii)
due to unauthorized access or tampering;
(iii)
due to lost or misdirected referrals or communications; or
(iv)
arising from participation in Refer a Friend or receipt or non-receipt of any Reward.
4.
APPOINTING UTILITYNET AS YOUR AGENT
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5.
CUSTOMER QUALIFICATIONS
5.1
You must meet the following qualifications:
(d)
Satisfactory Credit Check. Since Energy is being provided to and consumed by you before you pay for it, you are being extended credit under this Agreement. Customers must comply with specific credit requirements as follows:
(i)
you agree to provide us with and authorize us to request and receive from third parties, reasonable financial and credit history and information (a hard inquiry);
(ii)
you agree to maintain credit worthiness satisfactory to UTILITYnet and/or the Energy Marketer at all times while this Energy Agreement is in effect;
(iii)
if you do not maintain credit worthiness this Energy Agreement at our sole discretion may be cancelled without liability to UTILITYnet or the Energy Marketer; and
(iv)
if you do not meet minimum credit requirements, you may be offered the option of entering into an Energy Agreement conditional upon providing a Security Deposit as set out in section 5.2.
PLEASE NOTE: a hard inquiry (hard credit check) can temporarily impact your credit score (typically between 3-10 points) but, absent any other factors that lower your score, your credit score should typically recover within 1-2 months. Credit reporting agencies require that all inquiries requested by utility providers be classified as hard inquiries. This is not specific to UTILITYnet, and there is no option for a "soft" inquiry.
5.2
Security Deposit. A Security Deposit may be required in accordance with the following provisions:
(f)
if you default on any of your payments while UTILITYnet is holding your Security Deposit, UTILITYnet may:
(i)
use all or a portion of your Security Deposit to cover your outstanding payment amount; and
(ii)
the Customer has a poor credit rating, or
(iii)
may choose to cancel this Energy Agreement in accordance with section 13.3.
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6.
SIGNING-UP
7.
YOUR RESPONSIBILITIES
8.
SET UP PROCESS AND START OF ENERGY SERVICES
9.
INVOICING PROCESS
10.
PAYMENT TERMS
10.2
Payment by Credit Card: You may pay your invoices using Visa or MasterCard ( "Credit Card"). If you pay using a Credit Card, by entering into this Energy Agreement, you are also authorizing UTILITYnet to charge the amount of each of your invoices to your Credit Card each billing cycle. For recurring Credit Card payments the following will apply:
(b)
YOU HEREBY AGREE THAT UTILITYNET MAY RETAIN AND STORE YOUR CREDIT CARD INFORMATION, OR CAUSE THIS INFORMATION TO BE RETAINED AND STORED FOR THE PURPOSE OF PROCESSING YOUR PAYMENTS ON AN ONGOING BASIS;
10.4
Pick-A-Date
(c)
As explained in subsection 10.3(b) above, your Wire Distribution Company or Natural Gas Distribution Company may take a new meter reading from time to time and you will be issued an updated invoice, which may change your invoice date and billing schedule. If this causes your Pick-A-Date payment date to occur during your new Blackout Period, you will be contacted by Customer Care to choose a new payment date.
(d)
You may set up Pick-A-Date by contacting Customer Care.
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11.
TERM OF THIS ENERGY AGREEMENT
12.
RENEWAL OF THIS ENERGY AGREEMENT
13.
CANCELLATION OF THIS ENERGY AGREEMENT
14.
CHANGES TO THIS ENERGY AGREEMENT
15.
PRIVACY AND CONFIDENTIALITY
16.
NOTICES
16.4
Contact Information You may also contact us using the following contact information:
(a)
UTILITY NETWORK & PARTNERS INC.:
200, 1316 - 9 Avenue S.E.
Calgary, Alberta T2G 0T3
Attention: Darren Chu, Chief Executive Officer
(b)
Adagio Energy:
200, 1316 - 9 Avenue S.E.
Calgary, Alberta T2G 0T3
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SCHEDULE "B"
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DEFINITIONS
Within this Energy Agreement, the following words and phrases shall have the following defined meanings and grammatical variations:
(b)
"Additional Contact" has the meaning found in section 14.3.
(f)
"Blackout Period" has the meaning found in subsection 10.4(b).
(g)
"Budget Billing" has the meaning found in subsection 10.5(a).
(j)
"Credit Balance Refund" has the meaning found in subsection 10.7(a).
(k)
"Credit Balance Transfer" has the meaning found in subsection 10.7(a).
(ff)
"Payment Due Date" is the date on or before which your invoice payment is due and payable. Your Payment Due Date may vary as explained in section 10.1.
(gg)
"Pick-A-Date" has the meaning found in section 10.4.
(kk)
"Renewal Energy Plan" has the meaning found in section 12.2.
(ll)
"Renewal Term" has the meaning found in section 12.1
(nn)
"Security Deposit" has the meaning found in section 5.2.