Terms & Conditions of Electric Service

1. The Applicant shall deposit with FKEC such sums as may be required from time to time in accordance with FKEC’s then current policies and procedures and will be held by FKEC as a guarantee and security deposit.  Applicant agrees that FKEC’s interest in the deposit is a secured interest for all purposes under federal and state law, including, but not limited to, federal bankruptcy laws and rules.  The deposit shall be applied to any unpaid amount due FKEC at the time of discontinuance of service, and the balance, if any, shall be returned to the Member.  The amount of the deposit shall be determined by FKEC in an amount necessary to guarantee payment of service rendered to the Member in accordance with FKEC’s Bylaws, policies and operating procedures.  Any deposit held by FKEC shall secure payment not only of the above-listed account, but also for any other account of the Member.
2. For Residential service accounts only:  New applicants may request that FKEC perform a credit inquiry from an independent credit reporting agency to determine whether a billing deposit is required.  For joint accounts, both the applicant and co-applicant are subject to credit approval.
3. The Applicant will purchase from FKEC all electric energy used on the premises described below or at any other premises of the member for which service is required. The applicant will pay for this service on a monthly basis at rates to be determined from time to time in accordance with the applicable Bylaws and policies of FKEC. FKEC may limit the amount of electric energy to be furnished for industrial purposes.
4. Applicant warrants and represents that the premises are in compliance with all applicable governmental codes, rules and regulations, including, but not limited to, the rules and regulations of the Florida Public Service Commission and the National Electric Safety Code (hereinafter collectively referred to as “Code Requirements”), prior to initiation of service, or if the premises are not in compliance, Applicant agrees to cure all compliance deficiencies as a condition precedent to the initiation of service by FKEC.  Applicant agrees to comply with all Code Requirements during all times that service is provided by FKEC, and agrees that FKEC may discontinue service if the premises are ever out of compliance with Code Requirements, or at the request or order of law enforcement, fire and rescue, or code enforcement officials.
5. Applicant agrees to comply with and be bound by FKEC’s Bylaws, policies, rules, regulations, and its tariffs as filed with the Florida Public Service Commission, as such instruments currently exist and may be from time to time hereinafter amended and adopted.
6. Applicant, by becoming a Member of FKEC, assumes no personal liability or responsibility for any debts or liabilities of FKEC.
7. Services billed to Applicant are due when rendered, and service may be discontinued if payment is not received by the date listed in the billing notice.  Applicant acknowledges receipt of FKEC’s Billing, Collection and Deposit Practices as set forth in FKEC’s Member Packet and Policy Bulletins.  Applicant agrees to stay apprised of any changes or additions to such practices in accordance with notices from FKEC that may be mailed to Applicant, published in local news media, or posted on FKEC’s website.
8. The Applicant hereby grants an easement and a license to FKEC through and across the premises for which electric service is being supplied for the purpose of constructing and maintaining the necessary electric lines, equipment and appurtenances to furnish the service required on said premises to the extent that it is necessary and convenient for FKEC to enter upon said premises for said purposes. Said easement and license shall grant to FKEC the right to trim trees and shrubbery which, in the opinion of FKEC, are interfering with FKEC’s electric lines or in any manner interfering with electrical service provided by FKEC.  Said grant of permission, license and easement shall include all electric facilities of FKEC that are already in place for service to the premises and/or adjacent premises at the time that Applicant applies for service from FKEC or acquires title to the premises to be served.
9. Applicant shall be deemed to have accepted all of the terms and conditions hereof by any one or more of the following means:  by signing this application; by accepting and using services provided by FKEC; if by telephone, by providing FKEC with customer information requested by FKEC to establish an account; or by completing the application process via FKEC’s website.
10. In addition to the remedies available to FKEC as provided in paragraph 7 above, if it becomes necessary for FKEC to institute any collection action in order to pursue payment of any sums due FKEC, Applicant agrees, to reimburse us the fees of any collection agency, which may be based on a percentage at a maximum of 35% of the debt, and all costs and expenses, including reasonable attorneys’ fees, we incur in such collection efforts.
11. Should Applicant fail to receive or claim any sums due Applicant by FKEC within the time frames listed in FKEC’s Bylaws and Policies, Applicant agrees that such failure shall constitute an irrevocable assignment and gift to a charity selected by FKEC, provided that FKEC shall have complied with the notice requirements in the Bylaws and procedures adopted to implement them.
12. In the event the electric meter or any equipment of the Cooperative is installed on the member’s property at an elevation below the 100 year flood level established by the United States Army Corps of Engineers, or any other federal agency having jurisdiction to do so, the member acknowledges that said meter and electrical equipment installed at the risk of the member and should same be damaged or destroyed as a result of rising water occurring through a natural calamity, that the reinstallation of said meter and electrical equipment shall be at the expense of the member and the Cooperative reserves the right to require the cost of same be paid in advance prior to reinstallation of said equipment.
13. Service to the electrical equipment controlled by load management devices installed on the member’s premises may be interrupted. FKEC shall be allowed reasonable access to the member’s premises to install, maintain, inspect, test and remove load management devices on the electrical equipment.
14. I acknowledge that $4.56 plus the actual cost of postage is the annual cost of providing 12 issues of Florida Currents.
15. If Applicant has been an occupant in the premises for which electric service is requested hereunder during any time that a delinquency in payment for the electric service occurred resulting in delinquent amounts still due and owing to FKEC, service provided pursuant to this application may be conditioned on full payment of all prior delinquent amounts.
16. Applicant grants FKEC a security interest in any asset of Applicant held by FKEC, including, but not limited to, deposits, capital credits allocated and capital credit retirements declared payable to Applicant.  Applicant authorizes FKEC to file such UCC-1 Financing Statements as FKEC, in its sole judgment, deems necessary to perfect a security interest.
17. Formal acceptance of this application shall be made by FKEC in accordance with provisions contained in said bylaws.