THIS IS YOUR AGREEMENT WITH THIGBE 

As of the date signed (“Effective Date”) this Authorization to Purchase Electricity (“Authorization”) was entered into by THIGBE (“THIGBE”) and the customer (hereafter referred to as “YOU” or “YOUR”). 

YOU’RE MAKING THIGBE YOUR EXCLUSIVE UTILITY MANAGER 

YOU agree to authorize THIGBE to act as YOUR exclusive agent to MANAGE the utility services (“Services”) listed below : 
 
Thigbe to Manage Utilities

THIS LIST CAN BE MODIFIED LATER BY CLIENT 

This is the initial Services/Location list. You may request modifications to this list by emailing Service@Thigbe.com from the email associated with your THIGBE account, or, when available, by logging into your Thigbe Portal account and requesting the changes there. In your email, please include: The requested change date, relevant addresses and utilities, whether you would like to add or remove an address, and the date you would like the services to begin or end. Requests to add or remove services must be submitted at least three business days in advance. THIGBE will make reasonable efforts to process requests promptly; however, THIGBE is not liable for any delays or issues if a request, no matter how submitted, is submitted less than three days in advance and/or cannot be completed by the desired date due to issues outside Thigbe’s control. 

MANAGE MEANS WE’LL DO THE SHOPPING AND CONTRACTING WITHOUT BUGGING YOU 

MANAGE or MANAGEMENT, in this document, means that THIGBE is authorized by YOU to, with or without notice to YOU, sign contracts on YOUR behalf, to contractually commit YOU for the Services, initiate and terminate the Services and to receive bills for the Services, obtain funds from YOU to pay for the Services and to act on YOUR behalf to pay for the Services. 

YOU ARE AUTHORIZING US TO MANAGE THE UTILITIES FROM NOW UNTIL END OF CONTRACT DATE 

THIGBE’s authorization to contract for YOU is limited to the Services listed above for contracts that continue through no later than the regularly scheduled meter reading dates immediately following END OF CONTRACT DATE. This limitation does not define the term of the contract we secure for YOU, but rather restricts our authority to sign contracts on YOUR behalf beyond this date. Upon the expiration of this authorization, THIGBE may continue providing bill payment services but is no longer permitted to sign new contracts on YOUR behalf. THIGBE is not liable if YOU do not extend the authorization and a service lapses or goes out of contract as a result.  
 

THE THIGBE CONTRACT CAN BE EXTENDED OR CANCELLED BY YOU AT ANY TIME 

YOU and THIGBE agree that the term of the agreement may be changed later via positive response from YOU via  email or web notification from YOU. YOU may cancel the bill payment and shopping service from THIGBE at any time without penalty from THIGBE. Just email us at Service@Thigbe.com and we will work with YOU to transition management of your utility accounts to YOU. Said cancellation will not relieve YOU from the duty to pay for any invoices already processed by THIGBE or to pay THIGBE for any services rendered. Cancelling service with THIGBE does not relieve YOU of any contractual obligations with suppliers with whom THIGBE has established agreements on YOUR behalf. 

WE WILL PAY THE BILLS FOR YOU WITH FUNDS YOU PROVIDE 

THIGBE will receive the invoices from YOUR utility supplier. We will check the invoices and provide YOU with a report via email detailing the total invoice cost, THIGBE’s service fee and the portion of our fee allocated to  your selected charity. The email will include a link to access a copy of the supplier invoice or the supplier invoice will be attached to the email. The email will also list the date when the funds are to be drafted from YOUR account to pay the invoice.  

The funds will be withdrawn from YOUR account on the draft date specified in the email. If YOU would like to adjust the draft amount or date, provide notification to Service@Thigbe.com by noon two business days prior to the draft date. If notice is provided after noon two business days prior to the draft date THIGBE may not be able to make changes to the scheduled draft. Please note that if the bank draft is unsuccessful due to insufficient funds or any other reason, a fee of $5.00 will be assessed to YOUR account with THIGBE and added to our next draft attempt. After a failed draft of YOUR account, THIGBE will send a message to the primary email on YOUR account detailing the new draft amount and date. For the purposes of this agreement, a “Business Day” shall refer to any Monday through Friday that is not a federal holiday. 

THIGBE will not pay the invoice to the supplier until the funds have been received successfully. YOU will be liable for any additional fees charged by the supplier if we pay your invoice late due to your draft not going through for any reason. If a second redraft for the funds is also not successful for any reason, YOU will receive notice via email with information needed for YOU to pay the supplier directly for the supplier invoice charges.  You will still be liable for any Thigbe fees. 
 

YOU ARE AUTHORIZING US TO ACT AS YOU AND ON YOUR BEHALF WITH SUPPLIERS 

Agent Representation: YOU agree that THIGBE employees, are authorized to represent themselves as YOU when interacting with suppliers regarding any Service YOU have authorized THIGBE to manage. Whether acting as THIGBE or acting as YOU, THIGBE is authorized to act on YOUR behalf to manage all matters related to the Services. THIGBE is authorized to contact suppliers for reasons not limited to invoice issues, payments, refunds, starting and stopping service, negotiating renewal rates, account changes, and electrical outages. This authorization is intended to allow THIGBE to efficiently handle transactions and communications with suppliers for YOUR benefit. 

WE GET PAID BY YOU AS FOLLOWS  

THIGBE’s primary compensation for MANAGEMENT services comes from fees paid by YOU. For residential deregulated electricity buying services, THIGBE’s fee is calculated at a rate of $0.004 per kWh (for example that would be  $4 for 1,000 kWh of usage), with a minimum charge of $4 per bill per meter. 

CLIENT IS AUTHORIZED TO ENTER INTO THIS AGREEMENT 

YOU guarantee that YOU are at least 18 years of age and have the full legal authority to enter into this Authorization, and to authorize THIGBE to contract for all the services at the location(s) listed above, on YOUR behalf. 
 

TO AVOID DOUBLE CONTRACTING CONFLICTS, YOU WON’T HAVE ANYONE ELSE DO THIS WHILE WE ARE 

In order to avoid double contracting issues, YOU agree to not enter into any other electricity contract or agency agreement with any other individual or entity for electricity for these locations during the term in which THIGBE is authorized to contract for the locations. YOU agree not to engage any other company for bill management services for these locations during the term. 
 
Additionally, in order to make sure everyone associated with the locations listed knows about this agreement, YOU are responsible for notifying any other individuals or entities associated with these locations (not limited to family members, location managers, spouse, roommates, and other authorized persons.) that THIGBE has been authorized to contract for electricity services for the location(s) listed above. 

CLIENT RESPONSIBLE FOR ANY CANCELLATION FEES FOR SUPPLIER CONTRACTS 

YOU understand and agree that YOU will be solely responsible for any cancellation fees owed to any electricity or utility provider under any circumstance, including if YOU or another agent contracts with an electricity or utility provider in a way that conflicts with the contract(s) arranged by THIGBE on YOUR behalf. THIGBE EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY CANCELLATION FEE(s) THAT RESULT FROM SUCH AN EVENT. IF YOU CANCEL THIGBE’S CONTRACT THAT DOES NOT MEAN THERE IS NOT A CANCELLATION FEE IF YOU CANCEL THE CONTRACT WITH THE SUPPLIER. 

THIGBE IS GOOD, BUT WE CAN’T SEE THE FUTURE AND WE CAN’T GUARANTEE THE LOWEST PRICES 

YOU acknowledge that, while THIGBE’s staff is highly experienced and committed to finding the best contracts for our customers, THIGBE cannot guarantee the lowest prices. THIGBE’s crystal ball is not that clear. Market prices may decrease on the same day or shortly after THIGBE secures a contract on YOUR behalf. THIGBE may also contract YOUR location with a supplier that is not the lowest available rate based on other factors not limited to; supplier’s speed of service, supplier’s terms and conditions, suppliers’ willingness to work with brokers, contract term, supplier’s customer service history, and deposit requirements. Hence, THIGBE cannot and does not guarantee that the price we obtain on YOUR behalf will be the lowest price available. 

CLIENT AUTHORIZES US TO AGGREGATE THEM WITH OTHER CUSTOMERS 

YOU authorize THIGBE to join YOUR account(s) with other customer accounts for the purpose of contracting utilities. THIGBE will obtain a separate contract for each group member so that YOU will not be penalized for another group member’s actions. 

PRIVACY POLICY – WE WON’T SELL YOUR INFO 

YOU acknowledge that YOU have read and agreed to THIGBE’s Privacy Policy which is available here. 

TEXAS LAW WILL BE USED, WE AGREE TO TRY TO WORK IT OUT OUTSIDE OF COURT, YOU WON’T HOLD US RESPONSIBLE FOR A MISTAKE WE DON’T MAKE & OUR LIABILITY IS LIMITED 

Governing Law, Disputes, and Venue: This Authorization is governed by the laws of the State of Texas. Venue for any dispute arising out of this Authorization shall be in Parker County, Texas and said disputes will be submitted to mediation for settlement. YOU agree that THIGBE’s liability in any dispute shall not exceed THIGBE’s income from YOUR accounts for the most recent two-month period and that any dispute must be filed with a mutually agreeable mediation firm within 6 months of the end of YOU receiving services from THIGBE. 
 
Indemnity: YOU agree(s) to indemnify and hold THIGBE and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) YOUR use of the services or goods obtained through THIGBE and (ii) YOUR breach or violation of any term of this Authorization. 
 
Severability: If any provision of this Authorization is determined to be invalid, illegal or unenforceable in any respect, this shall not affect any other provision herein and this Authorization shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 
 
Captions: The captions contained in this Authorization are solely for convenient reference and shall not be deemed to affect the meaning or interpretation of any article or section thereof. 

STUFF THE PUC MAKES US TELL YOU (DON’T YOU LOVE THOSE REGULATIONS). 

REQUIRED NOTICES: THIGBE’s broker registration number at the Texas PUC is BR190657. If YOU have a complaint about THIGBE’s services you can contact the PUC at 512.936.7120 or 888.782.5477 or TTY at 1.800.735.2988. Or email them at Customer@PUC.Texas.gov OR contact them via snail mail at: PUC Customer Protection, P.O. Box 13326, Austin, TX 78711-3326. We would encourage YOU to call THIGBE first, of course.If YOU terminate services with THIGBE, the PUC requires us to keep YOUR information for at least two years. However, after no more than three months, we will delete YOUR bank information, as well as YOUR tax ID and date of birth.