Online Account Terms & Conditions

TriEagle Energy Online Account Agreement

By using the TriEagle Energy online account management service, you (“you,” “your,” or “user”) are agreeing to the terms and conditions of this Agreement with TriEagle Energy (“TriEagle Energy,” “we,” “us,” or “our”). TriEagle Energy online account management service (the “Service”) may be provided in part with assistance from third parties. You agree we may share information with such parties and understand that they will be allowed to use information collected from you only as necessary to assist TriEagle Energy in providing the Service according to the terms set forth herein.

Online Account Management Features

With the TriEagle Energy online account management service you can use, as available, features that allow you to:

Turn off mailed paper bills and instead receive email notification of your monthly bill (paperless billing)
View your bill online
Pay your bill online from your bank or credit card account using one-time payment (Express Pay) or set up automatically recurring payments and
View your bill history online.

In addition, TriEagle Energy may elect to provide additional features from time to time under this Agreement. TriEagle Energy reserves the right to modify or discontinue the Service entirely or any features of the Service at any time without notice, or to offer specific features only to qualified customers. You may elect to use one or more of the features without using them all. After you register for the Service, you can add or delete online features and modify your preferences and settings or cancel online account management. Notwithstanding anything to the contrary, you are responsible for ensuring timely payment of all bills.

Email Bill Notification (Paperless Billing)

If you select this feature, a notification that your monthly TriEagle Energy electric service bill is available will be sent to your email address, along with a link to view the bill online, and you will no longer receive paper bills via regular mail. In the event you elect paperless billing, it is still your responsibility to log on to the Service periodically and check for delivery of new electronic bills in the event you do not receive an email notification (for example, if you change your email address or provided us an erroneous email address). TriEagle Energy reserves the right to cancel paperless billing at any time; you may cancel paperless billing at any time as well and resume receiving bills via regular mail.

Online Payment

You may use this feature to pay your TriEagle Energy bill online directly from your bank account and/or using specific credit cards accepted by TriEagle Energy, subject to the terms and conditions of this Agreement.

Billing History

You may use this online feature to view billing and consumption history for your account(s).

Online Account Management Registration; Representations of User

By registering for the Service, you represent, warrant and certify that (a) you are 18 years of age or older; (b) you are a TriEagle Energy account holder; (c) you are authorized to use the identification and verification information you provide and to engage in transactions relating to the particular account or accounts that you enroll; (d) any information you provide in the online account enrollment process and whenever using the Service is valid, accurate, and complete; and (e) your registration with TriEagle Energy will not violate any laws or regulations.

Payment Method and Authorization

When enrolling for and initiating an online bill payment, whether a one-time payment or recurring payments, you (a) authorize TriEagle Energy to follow the payment instructions that we receive from you; (b) certify that any Payment Method you add to your profile is a bank or credit card account from which you are authorized to make payments (“Payment Account”), and any Payment Method you use will debit a Payment Account that you are legally authorized to use; (c) authorize TriEagle Energy to debit your Payment Account using your specified Payment Method and remit funds on your behalf so that the funds can be applied to your TriEagle Energy electric service account; and (d) also authorize TriEagle Energy to credit your Payment Accounts for payments returned for any reason. We shall incur no liability if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

If your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your Payment Account;

The payment processing center used by the Service is not working properly and you know or have been advised about the malfunction before you execute the transaction;

You have not provided TriEagle Energy with the correct Payment Account information; and/or,

Circumstances beyond our control (such as, but not limited to, fire, flood, or interference from a third party or outside force) prevent the proper execution of the transaction.

Failed or Returned Transactions

In using the online bill payment feature of the Service, you are requesting TriEagle Energy to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction or your credit limit would be exceeded), the transaction will not be completed. In some instances, you will receive a return notice from us. In such case, you agree that:

You will reimburse TriEagle Energy immediately upon demand the transaction amount that has been returned to TriEagle Energy;

You will be responsible for any charges due under your electricity Terms of Service;

You will reimburse TriEagle Energy for any fees imposed by your financial institution as a result of the return; and,

You will reimburse TriEagle Energy for any fees it incurs in attempting to collect the amount of the returned transaction from you.

Passwords

Use of the Service requires both log-in information and a password. During the registration process for the Service, you must choose a unique sign-on username (“Username”) and password ("Password"). Anyone with knowledge of both a user's Username and Password can gain access to the Service and the information that is available regarding your account. Accordingly, you must keep your Password confidential. By agreeing to the terms and conditions of this Agreement, you agree to be solely responsible for the confidentiality and use of your Password, as well as for any communications entered with or funds transfers authorized through this Service using your Password. You must advise us immediately if you believe your Password has been lost or stolen or that someone has transferred or may transfer money from your account without your permission. TriEagle Energy reserves the right to reset any Passwords.

Address or Banking Changes

It is your sole responsibility to ensure that the contact information you provide us is current and accurate. This includes, but is not limited to, name, address, phone number and email address. Changes can be made either online within the Service or by contacting Customer Service. Any changes in your Payment Method information should also be made in accordance with the procedures outlined within the application. TriEagle Energy is not responsible for any payment processing errors or fees incurred if you do not provide accurate Payment Method or contact information.

Service Termination, Cancellation, or Suspension

Any payment(s) already processed before the requested cancellation date will be completed by the Service. All Scheduled Payments must be processed or deleted before the Online Account Management Service can be cancelled. Cancellation of the Service does not affect recurring payments. TriEagle Energy may terminate or suspend the Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.

Service Fees and Additional Charges

You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider.

Confidentiality and Security on Internet

Use of this Service is solely at your own risk and is subject to all applicable laws and regulations. Although TriEagle Energy has endeavored to create a secure and reliable Service, the confidentiality of any communication transmitted over the Internet cannot be guaranteed. Accordingly, TriEagle Energy and its affiliates are not responsible for the security of any information transmitted via the Internet. Actual or attempted unauthorized use of this Service may result in criminal and/or civil prosecution. For your protection, TriEagle Energy reserves the right to view, monitor, and record activity on the Service without notice or permission from you.

Consistent with our Privacy Statement, TriEagle Energy will store and protect this information in the same manner we store and protect other personally identifying customer information. We may disclose information to third parties about your account or the transfers you make as discussed in our Privacy Statement, including: (a) where it is necessary for completing transactions (for example, to a payment processing service); or (b) in order to verify the existence and condition of your account for a third party, such as a credit reporting agency; or (c) to respond to information requests of governmental authorities or where required by law or regulation; or (d) if you give us your written permission.

We also reserve the right to provide non-personally identifying information such as aggregate data to third parties. See our Privacy Statement for further details.

TriEagle Energy is not responsible for any breach of its security or for the actions of any third parties that may obtain any personal information. TriEagle Energy will not be responsible for any loss resulting from a cause over which it does not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars or governmental restrictions.

Alterations and Amendments

This Agreement may be altered or amended by TriEagle Energy from time to time. In such event, TriEagle Energy shall provide notice to you. Any use of the Service after TriEagle Energy provides you a notice of changes will constitute your agreement to such change(s). Further, TriEagle Energy may from time to time revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, TriEagle Energy reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the more recent revisions and updates.

Exclusion of Warranties

THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR TIMELY PAYMENT OF ALL ELECTRIC SERVICE BILLS.

Other Terms and Conditions

The terms and conditions set forth herein are in addition to any Terms of Service or other regulations governing the terms and conditions pursuant to which TriEagle Energy provides you electricity and related services or the terms and conditions pursuant to which TriEagle Energy provides you use of the TriEagle Energy website.

Governing Law

This Agreement shall be governed by the laws of the State of Texas, without regard to choice of law or conflict of law rules.

Disputes

In the event of a dispute regarding the Service, you and TriEagle Energy agree to resolve the dispute in accordance with this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and TriEagle Energy and that it supersedes any proposal or prior agreement, oral or written, and any other communications between you and TriEagle Energy relating to the subject matter of this Agreement. In the event there is a conflict between statements of representatives of TriEagle Energy and the terms of this Agreement, the terms of this Agreement will prevail.

Assignment

You may not assign this Agreement to any other party. TriEagle Energy may assign this Agreement or assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

No Waiver

TriEagle Energy shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by TriEagle Energy. No delay or omission on the part of TriEagle Energy in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions. Notwithstanding any other provisions hereof, nothing in this Agreement shall effect a waiver of any your applicable rights under the customer protection rules of the Public Utility Commission of Texas.

Headings

The headings of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement.

Partial Invalidity

If any provision of this Agreement is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this Agreement will remain in force.

Disclaimer of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TRIEAGLE ENERGY BE LIABLE FOR ANY DIRECT DAMAGES OR FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE USE OF THE SERVICE.