Image by Matthew Henry

Terms of Service

Terms of Service

 

This Terms of Service is a legal agreement between you (“client”, “customer”) and Texas Power Agents LLC (“us”, “we”, “TPA”, “Texas Power Agents”) and governs how you may use our website www.texaspoweragents.com (“Website”, “Site”, “Service”) and Texas Power Agents LLC Service defined below.  

 

Privacy Policy

Texas Power Agents respects the privacy of its Service users. Please refer to our Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Service.

 

Description of Service

Texas Power Agents, will legally act on your behalf as an authorized agent regarding the selection of, enrollment for, or contract execution of a product or service offered by a retail electricity provider (REP), including electricity service.

You provide Texas Power Agents with the information necessary to enroll you in electricity contracts with REPs, including personal information such as name, address, phone number, email address, date of birth, social security number, among other required information.  

Texas Power Agents may request and receive your historical usage data for the previous 12 months from the Transmission and/or Distribution Service Provider (TDSP), including Smart Meter Texas (SMT) account setup and permission for SMT third party access.

Texas Power Agents may communicate and negotiate with Retail Electricity Providers (REPs) on your behalf.

Texas Power Agents LLC is acting as an agent only and is not responsible for the actual delivery of electricity nor can we guarantee the service provided by the 3rd party REP.  

As a 3rd party, Texas Power Agents LLC  is not liable to the customer for disputes between the customer and REP for matters related to billing, service, or other obligations relative to that contract.  

You understand that Texas Power Agents LLC is acting as an agent only and you are ultimately responsible for payment to the REP.  Texas Power Agents LLC will attempt to set up your online account with the REP and will communicate information regarding your service via email correspondence. In the event the setup was unsuccessful, we will communicate any further action needed on your part to complete the setup process.  

 

Duration of Service

Texas Power Agents will manage your electricity service for as long as you have an active subscription with us.   If you would like to cancel the subscription at any time, you may email us at accounts@texaspoweragents.com.  If subscription payment lapses more than 45 days, Texas Power Agents reserves the right to cancel this agreement.

Notification of termination will be sent via email correspondence.

You may cancel our agreement at any time by sending an email to accounts@texaspoweragents.com or by calling us at 281-742-0241.

 

Cost of Residential Service

Customers will subscribe to Texas Power Agents service by establishing recurring payment, either on an annual or monthly basis.  As a customer, you authorize us to charge your payment method on file for applicable service fees.

 

The annual service rate is $99/year and the monthly service rate is $9/month.  A separate subscription is required for each service address.  Discounted rates may apply for multiple service addresses on the same account.

 

Customers have the option to elect an additional add-on service, allowing Texas Power Agents to hold a current credit card on file and establish automatic payments with each REP enrolled in.  This additional service is at a cost of $50/year to an annual subscription or $5/month to a monthly subscription.  This option may be added or removed at any time by the customer by managing the subscription via the billing portal or by contacting Texas Power Agents via phone, text, or email.

 

We reserve the right to increase the amount of our fees at any time.  If you do not agree with the increase, you may terminate our agreement.

 

Subscription Terms

Texas Power Agents uses a third party service to manage subscriptions and process credit card and ACH payments.  You will be charged according to the terms you have voluntarily selected and agreed to at registration on the recurring date of each subscription due date.  

 

It is your responsibility to ensure that Texas Power Agents has a valid payment method on file and that you are an authorized user.  If your payment method expires or becomes invalid, and you have not canceled your subscription, you agree that you will remain responsible for any uncollected fees.

 

Compensation from Retail Electricity Providers

Texas Power Agents receives compensation directly from REPs based upon an agreed upon rate and electricity consumed for the execution of non-residential contracts.

 

From time to time, we may receive compensation from REPs for the execution of aggregated residential contracts.

Communication

The primary channel of communication between Texas Power Agents and you, the customer, is email messages.  It is your responsibility to regularly check your email account, both regular inbox and spam or  junk mail, for messages from Texas Power Agents and from the REPs.  Some messages may contain important and time-sensitive action items.  Texas Power Agents are not responsible for actions that may or may not occur due to failure to read and act upon email messages sent by us or your REP.  Messages from Texas Power Agents intended for your receipt shall be deemed delivered and effective when sent by email to any email address you provide us.

 

You may elect to receive SMS text messages from Texas Power Agents.  These messages are secondary to email messages.  In addition, Texas Power Agents may reach out to you by phone.  Please save 281-742-0241 as our main business line so that you do not miss important phone calls from us.

 

Texas Power Agents also maintains a Customer Portal.  You may create your account in order to view the contract information we record for you.

 

Texas Power Agents LLC does not receive any correspondence, via email, paper mail, phone calls or texts from any REP corresponding to a Customer’s account.  It is the Customer's responsibility to ensure enrollment was successful, account setup is complete, that all charges due to the REP are paid and to notify us if an issue is detected.

Texas Power Agents may also record or transcribe its phone conversations and text chats with you for quality control, training purposes, and resolution of disputes.  Anyone who has authorization to use your account may likewise be recorded.  You agree that none of this obligates Texas Power Agents to record any communication with you, and you acknowledge that some communications will not be recorded or be available to be retrieved.

 

Duration and Termination of Service

If you would like to terminate your service agreement with us, please contact us by email at accounts@texaspoweragents.com.  If you have paid us on an annual basis, we will return the prorated unused portion of the current annual fee.  Monthly payments will be stopped upon receipt of the request.

 

If subscription payment lapses more than 45 days, Texas Power Agents reserves the right to cancel this agreement.  Notification of termination will be sent via email correspondence.

 

Texas Power Agents LLC has the right to cancel or suspend a customer’s service at any time and without notice upon a breach, violation, or non-compliance of these terms of service of Texas Power Agents LLC.  In these events, Texas Power Agents will not be required to issue any refunds.

 

Personal information will be deleted from our records upon termination of this service.  Information related to electricity contracts will be retained for a period of two (2) years per PUC regulations.

 

Warranty and Liability Disclaimer

THE SERVICE AND WEBSITE, ARE PROVIDED TO YOU “AS IS.”  TEXAS POWER AGENTS LLC MAKES NO WARRANTIES OF ANY KIND. TEXAS POWER AGENTS MAKES NO GUARANTEES OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF THE SITE AND/OR SERVICE, THE SITE’S CONTENT, OR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE SITE.  WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, WITHOUT DELAY, OMISSION, INACCURACY AND/OR ERROR FREE. 

 

BY USING OUR SERVICE, EACH CUSTOMER AGREES AND UNDERSTANDS THAT HE OR SHE IS APPOINTING TEXAS POWER AGENTS AS HIS OR HER LIMITED AGENT FOR THE PURPOSES OF SELECTING AND ENROLLING THE MEMBER’S SERVICE LOCATION FOR ELECTRICITY SERVICE WITH RETAIL ELECTRICITY PROVIDERS ON THEIR BEHALF.  EACH CUSTOMER UNDERSTANDS THAT UPON ENROLLMENT, HE OR SHE IS ENTERING INTO A CONTRACT DIRECTLY WITH THE RETAIL ELECTRICITY PROVIDER. YOUR ACTUAL COST FOR ELECTRICITY SERVICES WITH ANY PROVIDER WILL BE DETERMINED BY YOUR INDIVIDUAL AGREEMENT WITH A PROVIDER IN ACCORDANCE WITH THEIR TERMS OF SERVICE AND ANY OTHER APPLICABLE AGREEMENT BETWEEN YOU AND THEM, AND OTHER FACTORS OUTSIDE OF OUR CONTROL.

 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY EXPENSE OR LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.  IN SUCH CASES, TEXAS POWER AGENTS LIABILITY IS LIMITED TO THE MEMBERSHIP FEES YOU PAID DURING THE PERIOD OF YOUR ENERGY SERVICES CONTRACT.  YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TEXAS POWER AGENTS, ITS EMPLOYEES AND CONTRACTORS, OWNERS, REPRESENTATIVES, AND LICENSEES AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE THAT ARISE OUT OF YOUR USE OF THE SERVICE.

 

Inquiries or Complaints

Any inquiry or complaints about our service may be directed to Texas Power Agents LLC by email to accounts@texaspoweragents.com, by phone at 281-742-0241, or mailing address 2261 Northpark Drive #1044, Kingwood, TX, 77339.

 

Texas Power Agents LLC is a registered electricity broker (BR190344) and registered aggregator (80495) of the State of Texas, providing brokerage and aggregation services to residential, commercial and industrial customers.

 

You may also reach the Public Utility Commission of Texas, Customer Protection Division, PO Box 13326, Austin, TX, 78711-3326; (512) 936-7120 or in Texas (toll-free) 1/888/782/8477, fax (512) 936-7003, e-mail address: customer@puc.texas.gov, Internet website address www.puc.texas.gov, TTY (512) 936-7136, and Relay Texas (toll-free) 1-800-735-2989.

 

Modification of Terms of Service

We can amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Service.  Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.

 

Copyrights and Trademarks

All content and information provided on this website, including but not limited to, text, graphics, icons, logos, or copyrighted material are the property of Texas Power Agents, its content suppliers or affiliates.  Therefore, you are prohibited from copying, reproducing, or using the information without the express permission of the content owner.  

 

General Terms

If any part of this Terms of Service agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.

 

We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.

 

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THE TERMS OF SERVICE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT [INSERT LINK TO PRIVACY POLICY] REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

 

Last Updated: 04/01/2022