SOLARTILITY GENERAL TERMS AND CONDITIONS

Effective Date: February 24, 2026

References to "Solartility", "we", "our" and "us", refer to Solartility Energy Inc. Definitions for capitalized words are set out at the end of these Solartility General Terms and Conditions.

1. YOUR AGREEMENT

1.1. One Agreement

This Agreement is comprised of (i) the Product Sheet (including the Site List), (ii) these Solartility General Terms and Conditions, (iii) the Energy Program Terms and Conditions, (iv) the terms and conditions of any new or different product or service we provide to you under this Agreement from time to time, and (v) any Internet contract acknowledged by you relating to this Agreement. All components of this Agreement together form our agreement with you.

1.2. Energy Program Terms and Conditions

These Solartility General Terms and Conditions apply to all Energy Programs. The Energy Program Terms and Conditions set out certain additional terms and conditions relating to particular types of Energy Programs. Any provision found in the Energy Program Terms and Conditions or any other part of the Agreement that conflicts with these Solartility General Terms and Condition shall prevail to the extent of the conflict, unless otherwise expressly stated in the Energy Program Terms and Conditions or another part of the Agreement.

2. CONDITIONS AND SUPPLY OF ENERGY GOODS OR SERVICES

2.1. Eligibility

To be a customer under our Energy Programs:

  • your total Energy consumption at the Sites must be less than 250,000 kilowatt hours (kWhs) of electricity per year;
  • you are purchasing Energy for Sites that are within the parts of Alberta where we provide

For clarity, the 250,000 kWh/year threshold is a Solartility program eligibility criterion and is not a legal limit under the Micro-generation Regulation, Alta Reg 27/2008 (the "Micro‑generation Regulation").

2.2. Credit Requirements

Authorization. You agree to provide us with and authorize us to request and receive from third parties relevant financial and Credit Information for the purpose of evaluating your You agree to maintain creditworthiness for your obligations under the Agreement satisfactory to us at all times while this Agreement is in effect. We may require a deposit for service and may use that deposit to pay for any amounts owing under this Agreement or any other agreement we have with you to arrange for the supply of electricity.

Payment Method. You may authorize pre‑authorized debit (PAD) or use other accepted methods shown on your bill.

2.3. Enrolment with Distribution Company

We will only supply Energy to Sites that are enrolled by the Distribution Company with us designated as your retailer.

2.4. Appointing Us as Your Agent

By entering into this Agreement, you appoint us as your limited agent to arrange for the supply of Energy under this Agreement. This agency ends when we have fulfilled our obligations under this Agreement. You authorize the Distribution Company to give us your consumption information and any related information that we may require. You agree not to revoke this appointment and not to appoint another agent until this Agreement has terminated or been cancelled. You agree that we are not your financial advisor and therefore have no liability for the choices you make with respect to your Energy Program(s).

2.5. Start Date

If you meet all requirements under this Agreement, we will begin the supply of Energy to your Site no later than 40 days from the Effective Date or the date you add a Site to this Agreement (as applicable).

3. BILLING AND PAYMENT

3.1. Billing

We will bill you regularly, based on the most current contact information you have provided to us. You must pay our bill in full by the Due Date.

3.2. Energy Program

Your bill includes (i) charges and adjustments for all Energy supplied to you under your Energy Program(s) as set out in the Energy Terms and Conditions and other charges as set out in this Agreement, (ii) additional charges associated with any other products or services offered by Solartility from time to time, and (iii) charges we are required or authorized at law or under contract with a third party to charge you.

You are responsible for all the charges on your bill, even if you do not receive your bill on time or at all, for any reason.

3.3. Estimated and Actual Consumption

We will bill you based on your consumption of Energy based on your metered Energy consumption or estimates of Energy consumption that we or the Distribution Company make. We will make adjustments from time to time between estimated and actual consumption.

Micro‑generation Net Billing and Settlement

If a Site is approved as a micro‑generator, each monthly bill will reflect net billing. Where a billing period results in a net credit, credits carry forward and apply to subsequent bills in the order accrued, and will be settled at least annually by payment, set‑off or both, in accordance with applicable law and distributor settlement.

Metering, Settlement Data, and Re‑bills

Energy quantities and components used for billing (including HC, LL, UFE and any distributor‑allocated factors) are those provided by the Distribution Company and may be updated on re‑settlement. We may issue adjustments or re‑bills using the same Energy Program rules that applied to the original period.

3.6. Late Payments and Disputed Bills

If we do not receive your payment by the Due Date indicated on your bill, we will charge you a Late Payment Charge. You must pay your bill in full while any dispute with us is being resolved. You are responsible for any legal and collection fees associated with us trying to collect any amounts owing from you. If you do not pay your bill by the Due Date, we may cancel this Agreement.

Application of Credits

Unless prohibited by law, credits are applied first to Energy charges, second to the Administration Fee, and third to Other AESO Charges and remaining retailer amounts; any balance carries forward or is settled annually.

Credit Balances—Refunds and Transfers

If a micro‑generation electricity account holds a continuous credit balance for 2 consecutive months and the balance exceeds $200, you may request a refund by electronic funds transfer or instruct us to transfer such balance to other active Solartility accounts you hold to pay upcoming bills.

4. CHANGES TO THE SUPPLY OF ENERGY

4.1. Moving

You must give us at least 30 days' notice before you move to a new location, and your notice must specify your new Site identification number and service address. If you do not give us at least 30 days' notice before you move, any interruption in the supply of Energy and any costs either you or we incur as a result, including in connection with continued consumption at your Site, will be your responsibility. If your new Site is within a part of Alberta in which we provide service, this Agreement will be amended to apply to your new Site; otherwise, this Agreement will terminate on the date of your move, and you will remain responsible for any outstanding obligations under the terminated Agreement until satisfied in full. If we cannot supply energy to your new location for any other reason, including that you are no longer eligible for Micro- Generation service, this Agreement as it applies to your Site will terminate, and you will remain responsible for any outstanding obligations under the terminated Agreement until satisfied in full.

4.2. Adding and Cancelling a Site

Adding a Site

Subject to Article 2, you may add a Site to this Agreement by calling our Customer Care Centre at +1-877-521-1994. You will need to tell us (i) the Site identification number and service address you want to add, (ii) which of the then-available Energy Program(s), for which you and your Site qualify, you want to add. Following receipt of your request, and subject to the rest of the provisions of this Agreement, we will add the Site to this Agreement. Sites that do not meet the conditions of the applicable regulation(s) cannot be added. For conditions applicable to your specific Energy Program(s), see the Energy Program Terms and Conditions below.

4.2.2. Cancelling a Site

In addition to your general right to delete a Site from this Agreement set out in Section 4.4, any time you add a Site to this Agreement, you may cancel that added Site from this Agreement:

  • without cost or penalty within 10 days after that Site is added to this Agreement;
  • without penalty within 60 days after you received your first billing statement from us with respect to that Site, provided you will still be required to pay for any Energy consumed at that Site while under contract with us;
  • without cost or penalty if another agreement for energy services presently exists for the same Site(s) as under this Agreement, except if the existing agreement is to expire on or before the day we start supplying Energy to that Site under this Agreement; or
  • without penalty within one year from the date that Site is added to this Agreement if we (i) do not set out a specified or ascertainable date on which the supply of Energy is to begin, (ii) do not begin the supply of Energy within 30 days of the Start Date (unless, after the 30-day period, you have expressly authorized the supply of Energy to begin), or (iii) are not properly licensed at law to enter into this Agreement with you; provided you will still be required to pay for any Energy consumed at that Site while under contract with us.

To cancel that Site from this Agreement, you must notify us by calling our Customer Care Centre at +1-877-521-1994 or as otherwise set out in Section 4.

4.3. Changing Your Energy Program

You may change the Energy Program you have chosen for an existing Site one time during each billing cycle, based on the then-available Energy Programs for this Agreement, for which you and that Site qualify. This switch becomes effective on the date of the requested change and will be reflected on your next bill. After you have switched away from an Energy Program, we may choose to stop offering that Energy Program, in which case that Energy Program would no longer be available to you.

4.4. Deleting a Site

You may delete a Site from this Agreement at any time without penalty by providing us with one month's notice. You will need to list the Site identification number and service address you want to. After you delete a Site from this Agreement, we may choose to stop offering the Energy Program that you had selected for that Site, in which case that Energy Program would no longer be available to you. To delete a Site from this Agreement, you must notify us by calling our Customer Care Centre at +1-877-521-1994 or as otherwise set out in Section 6.4. Your outstanding obligations under this Agreement (including any outstanding payment obligations) in respect of the Site will survive the cancellation or deletion of the Site until any such obligations have been satisfied in full.

5. TERMINATING THE AGREEMENT

5.1. Your General Cancellation Right

You may cancel this Agreement at any time without Penalty by providing us with one month's notice.

5.2. Additional Cancellation Rights

In addition to your general cancellation right set out in Section 5.1 above, and in all cases subject to Section 5.5 below, you may cancel this Agreement:

  • without cost or penalty within 10 days after we receive a copy of the Agreement signed by you, in the case of a written agreement between you and us;
  • without cost or penalty within 10 days after you have acknowledged this Agreement online, if you entered into this Agreement over the Internet;
  • without cost or penalty within 10 days after you receive a copy of the Agreement from us, if you entered into this Agreement over the telephone;
  • without penalty within 60 days after you receive your first billing statement from us, if you entered into this Agreement over the telephone, provided you will still be required to pay for any Energy consumed while under contract with us;
  • without cost or penalty if another agreement for energy services presently exists for the same Site(s) as under this Agreement, except if the existing agreement is to expire on or before the Start Date of this Agreement; or
  • without penalty within one year from the Effective Date if you entered into this Agreement over the telephone and we (i) do not set out a specified or ascertainable date on which the supply of Energy is to begin, (ii) do not begin the supply of Energy within 30 days of the Start Date (unless you have expressly authorized the supply of Energy to begin after the 30-day period), or (iii) are not properly licensed at law to enter into this Agreement with you; provided you will still be required to pay for any Energy consumed while under contract with us.

5.3. Notice of Cancellation

To cancel this Agreement, you must notify us at +1-877-521-1994 or as otherwise set out in Section 6.4.

5.4. Our Cancellation Rights

We may cancel all or a portion of this Agreement or one or more of your Energy Program(s) without penalty to us:

  • immediately on notice to you if you do not fulfill any of your obligations under this Agreement;
  • immediately on notice to you if you or your Site(s) do not meet the requirements set out in Sections 1(a), 2.1(b), 2.2, 2.3 and 2.4 or you become Insolvent;
  • if you do not meet our credit requirements;
  • on one month's notice to you at our discretion, if you exceed, or we believe your Profile indicates you will exceed, the aggregate Energy limits specified in Section 2.1(a); or
  • on one month's notice to you at our discretion, unless your Energy Program has a fixed or guaranteed Energy In that case we will honour the fixed or guaranteed price portion of your Energy Program (but not any floating or variable price portion) for the applicable term, provided you and your Site continue to qualify for the Energy Program, and subject always to our rights of cancellation under Sections 5.4(a), (b), (c) and (d) above.

5.5. Early Exit Fee

We may charge you an Early Exit Fee if you cancel this Agreement for one or more of the reasons set out in Section 5.2 above. The Early Exit Fee that applies to you is more specifically described in your Product Sheet and will appear as a line item on your bill. If you do not pay the Early Exit Fee by the date indicated, we will charge you the applicable Late Payment Charge in addition to the Early Exit Fee.

5.6. Suspension of Service

You and we agree that if this Agreement has terminated or been cancelled other than by us pursuant to Section 5.4 , and you choose to resume service with an Energy Program under the terms of this Agreement within 60 days, this Agreement will be deemed not to have terminated or been cancelled and you will continue on this same Agreement.

5.7. De-Enrollment and Outstanding Obligations

Any cancellation or termination of this Agreement or cancellation or deletion of a Site is effective upon de-enrollment of the applicable Site(s) by the Distribution Company. When the Distribution Company does this, you will receive Energy from a default supplier or another retailer you choose at the Site(s). Your outstanding obligations under this Agreement (including any outstanding payment obligations) will survive the cancellation or termination of this Agreement or cancellation or deletion of any Site until any such obligations have been satisfied in full.

5.8. Unexpected Events

Certain events beyond our control may make it impossible for us to fulfill our obligations under this Agreement. We are not legally responsible to you in those events and will resume our obligations as soon as we reasonably can. This Agreement will otherwise remain in full effect.

6. OTHER DUTIES AND RESPONSIBILITIES

6.1. Limitation on Responsibility

YOU AGREE THAT, AS YOUR ENERGY RETAILER, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR THE PHYSICAL SYSTEMS THAT SUPPLY YOUR ENERGY, THE CONTINUITY OF YOUR ENERGY SUPPLY OR THE QUALITY OF YOUR ENERGY SUPPLY (INCLUDING VOLTAGE, FREQUENCY, AND CONTINUITY OF ELECTRICITY. YOU AGREE THAT YOU ARE SUBJECT TO THE TERMS AND CONDITIONS OF DISTRIBUTION SERVICE OF THE DISTRIBUTION COMPANY OR ITS AGENT, AND FAILURE TO COMPLY WITH THOSE TERMS AND CONDITIONS MAY RESULT IN YOU BEING DISCONNECTED FROM THE DISTRIBUTION SYSTEM, OR SUBJECT TO FEES. YOU AGREE THAT WE ARE ONLY RESPONSIBLE FOR DAMAGES CAUSED DIRECTLY BY OUR ACTIONS, AND THE ACTIONS OF THOSE FOR WHOM WE ARE RESPONSIBLE AT LAW. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR AND YOU RELEASE US FROM ALL PUNITIVE, CONSEQUENTIAL OR SPECIAL DAMAGES, LOSS OF USE, REVENUE, PROFIT, OR OPPORTUNITY. YOU AGREE THAT THIS PROVISION SURVIVES CANCELLATION OR TERMINATION OF THIS AGREEMENT.

6.2. Privacy

The information you provide to us in any form or manner may be used and disclosed to others (including our service providers, the Distribution Company and regulators) to establish and collect money for your account, to arrange for the supply of Energy, for credit assessment and reporting purposes, for research, training and quality assurance purposes, to communicate with you for educational or informational purposes, about your account, about your energy usage, or about offerings and services from Solartility, its Affiliates or third parties, and for any other reason required or authorized by law. We will not use or disclose your information for any other purpose without first requesting your consent.

We do not directly provide all the services related to your relationship with us. We may use third party service providers to provide certain of these services, including, without limitation, account administrative support, data storage, client communications and marketing. We may also engage third party service providers located in other jurisdictions outside Alberta or Canada to provide these services (including, without limitation, the United States of America). As a result, your personal information may be accessible to regulatory authorities in accordance with the laws of any such third party's jurisdiction. Regardless of where our service providers are located, we communicate our own commitment to privacy as well as our expectations regarding the confidentiality and treatment of your information to our service providers.

By entering into this Agreement, you consent to us collecting, retaining, using, and disclosing your information in the manner described in this Section 6.2 and in accordance with the terms of our privacy policy and Privacy Commitment, which can be viewed at https://www.solartility.ca/privacy/ for the duration of this Agreement and 60 days thereafter or until all your obligations under this Agreement are fulfilled, whichever is later. If you have questions or concerns about how your information is protected, contact our privacy officer at +1-877-521-1994, or by email at privacy@solartility.com.

6.3. Notices from Solartility to You

Any notices to you required or provided under this Agreement shall be in writing and sent to the billing address or email address set out on the Product Sheet (or such other address or email address as you may from time to time notify us of). You agree that any such notice may be included in your bill, mailed or couriered to you, or provided by email to you, at our discretion.

6.4. Notices to Us

Unless otherwise expressly stated in this Agreement, any notice that you wish to provide, or are required to provide, to us under this Agreement must be sent to us at the address or contact information for us on the Product Sheet (or such other address or contact information as we may from time to time notify you of) by any method that will allow you to provide evidence that you gave notice, including, without limitation, by personal service, registered mail, courier or fax, or by calling our Customer Care Centre at +1-877-521-1994.

6.5. Entire Agreement

This Agreement, including the terms and conditions specific to the Energy Program you choose, represents the entire agreement between you and us.

6.6. Waiver and Remedies

No failure or delay to exercise a right under this Agreement will cancel that right. Seeking one remedy does not prevent either you or us from seeking any other remedies we are entitled to seek.

6.7. Fixing Legal Problems with the Agreement

If any part of this Agreement cannot be enforced, you and we agree to amend that part of this Agreement to make it enforceable without changing the intent of this Agreement. If that part cannot be amended without changing the intent of this Agreement, it will be removed and the rest of this Agreement will stay in effect.

6.8. No Resale

You agree that the Energy supplied to you pursuant to this Agreement is for your use only and may not be resold.

6.9. Additional Person Access

You may add another person to your account who you would like to be authorized to make decisions regarding your account. You must notify us of this change to your account by calling our Customer Care Centre at +1-877-521-1994 or as otherwise set out in Section 6.4. You agree that Solartility may fully rely on, and that you will be bound by, the decisions, information and directions provided to Solartility by such other person.

6.10. Authority

You agree that you are the account holder in relation to the Site(s), or are authorized by the account holder in relation to the Site(s), and that you have the authority to enter into this Agreement and bind the account holder. We are relying on that authority for the purposes of this Agreement.

6.11. Amendments

(a) Changes at Our Discretion. You acknowledge and agree that we may amend this Agreement at any time in our sole discretion. We will provide two months' notice to you of any amendment to this Agreement. The notice will either (i) set out the particulars of the amendment, (ii) reference a link to our website, where the particulars of the amendment will be set out, or (iii) reference your online account, in which case the particulars of the amendment will be set out in a notation on your online account. In the case of (ii) or (iii) we will provide you, at your request, with a copy in writing of the particulars of the amendment. If you object to the amendment, you may cancel this Agreement without penalty on one month's notice in accordance with Section 1 above. If you provide such notice at least one month prior to the amendment taking effect, the amendment will not apply to your Agreement and your Agreement will be cancelled. You agree that this Agreement will continue after the amendment has taken effect (regardless of whether or not, in the case of (ii) and (iii), you have requested a copy in writing of the particulars of the amendment) if you do not give proper notice of cancellation. Your right to cancel this Agreement at any time without penalty on one month's notice in accordance with Section 5.1 above will not be affected.

(b) Changes to Administration Fee. We may change the Administration Fee that you pay in respect of an Energy Program, but we will always provide you with 60 days' notice of such changes. Though we may decrease an Administration Fee by any amount and at any time in our discretion, we will never increase an Administration Fee by more than twenty-five (25) percent each time, and no more than two (2) times per calendar year. If we change an Administration Fee relating to one of your Energy Programs, we will notify you of such change in accordance with Section 3. In accordance with Section 5.1, you can cancel your Agreement with one month's notice before the change takes effect.

(c) Changes to Late Payment Charge.

We may change either the definition of the Late Payment Charge or the percentage set out in the definition of the Late Payment Charge, but we will always provide you with 60 days' notice of such change. If we change the percentage set out in the definition of the Late Payment Charge, we may decrease the dollar amount that you would pay for a Late Payment Charge by any amount and at any time in our discretion, however we will never increase the dollar amount that you would pay for a Late Payment Charge by more than twenty-five (25) percent each time, and no more than two (2) times per calendar year.

If we change either the definition of the Late Payment Charge or the percentage set out in the definition of the Late Payment Charge, we will notify you of such change in accordance with Section 11(c)(i). In accordance with Section 5.1, you can cancel your Agreement with one month's notice before the change takes effect.

(d) Changes Required Due to Changes in Law. If we believe that a change in law requires that we make a change to this Agreement, we will notify you and, notwithstanding Section 11(a), the changes will apply one month after the notice is sent.

(e) Offering New Energy Programs. From time to time, Solartility may offer new or different Energy Programs under this Agreement. We are under no obligation to notify you of such additional Energy Programs. However, if you add, or switch to, such an Energy Program, and your Energy Terms and Conditions do not include a set of terms and conditions applicable to that type of Energy Program, then we will provide you with the set of Energy Terms and Conditions applicable to that type of Energy Program, which will attach to and form part of your Energy Terms and Conditions and this Agreement. If the rest of this Agreement conflicts with the set of Energy Terms and Conditions applicable to that Energy Program, the terms and conditions of the rest of this Agreement shall prevail to the extent of that conflict, unless otherwise expressly stated in that set of Energy Terms and Conditions.

(f) Retired Energy Programs. We may from time to time choose to stop offering certain Energy Programs ("Retired Energy Programs"). We are under no obligation to notify you when we do If you are signed up for an Energy Program that becomes a Retired Energy Program, you will nonetheless remain on that Retired Energy Program until it is cancelled, terminated, deleted or switched by you or us (subject to the other provisions of this Agreement).

6.12. Transferring This Agreement

We may transfer this Agreement to another retailer by giving you notice. You may not transfer this Agreement to any other person.

6.13. Change of Laws

If a change of the laws governing this Agreement require changes to the Agreement, we will notify you in The changes to the Agreement will take effect thirty (30) days after we send notice to you of the changes. The applicable Energy Charge and expiry date of the Agreement will not change without your consent.

If any change in laws stops us from supplying Energy or services under this Agreement, then we may terminate this Agreement. In that case, we will notify you in writing, and this Agreement will terminate 30 days after we sent that notice without liability to either you or us.

7. GOVERNING LAW

This Agreement will be governed by the laws of Alberta and the laws of Canada applicable in Alberta, and it will be treated as an Alberta agreement.

8. DEFINITIONS

Administration Fee: An amount we charge, once per billing cycle, for the supply of Energy under an Energy Program on a per Site basis. The current Administration Fees for each Energy Program are available on Solartility.com or by calling at +1-877-521-1994. We may change these charges from time to time in accordance with Section 6.11(b) above.

Affiliate: Has the meaning set out in the Business Corporations Act (Alberta), as amended from time to time; provided, however, that such entity is not a Distribution Company.

Agreement: The agreement between you and us, under which we agree to sell you electricity and you agree to pay us, as further described in Section 1.1.

Credit Information: Information about your creditworthiness and finances, including payment history with third parties.

Distribution Company: The company that operates your natural gas or electricity distribution system, including the load settlement agent, and any applicable agent or appointee of such company or of such load settlement agent.

Due Date: The due date for payment specified on your bill.

Early Exit Fee: The fee payable by you in the event of a cancellation of the Agreement under Section 5.4 above, as set out more specifically in the Product Sheet.

Energy Program Terms and Conditions: The document titled Energy Program Terms and Conditions, initially provided with these Solartility General Terms and Conditions, as amended from time to time in accordance with this Agreement.

Effective Date: The date on which this Agreement is binding on you and us, being: in the case of a written agreement between you and us, when we receive a copy of this Agreement, signed by you; or if you entered into this Agreement over the telephone or Internet, when you acknowledge this Agreement.

Energy: The natural gas or electricity that you are buying under this Agreement, including services we provide as your retailer.

Energy Program: An individual Energy Program you have chosen for electricity, as selected in the Product Sheet, or as otherwise chosen or amended from time to time in accordance with this Agreement.

Energy Rate: The price per unit that you agree to pay for the Energy that is supplied to you under this Agreement. Your Energy Rate for each Energy Program is as set out in the Product Sheet or as otherwise agreed to or changed in accordance with this Agreement. Further details about your Energy Rate may be found in the set of Energy Terms and Conditions applicable to your type of Energy Program as set out below. Your Energy Rate does not include any Administration Fees.

Export Transaction Fee: where applicable, a fee payable per kWh for kWh exported to the grid as defined in the Product Sheet.

Import Transaction Fee: where applicable, a transaction fee payable per kWh for kWh imported from the grid as defined in the Product Sheet.

Insolvent: You are "Insolvent" if:

  • you are not paying, or admit in writing to your inability to pay, debts as they become due;
  • you file or consent to the filing of any petition or action seeking relief under any federal, provincial or foreign bankruptcy, insolvency, reorganization, winding-up, readjustment of debts or other similar law; or
  • you make a general assignment for the benefit of creditors, apply for or consent to the appointment of or taking of possession of any of your assets by a custodian, receiver, bailiff, receiver-manager, trustee, liquidator or other person with similar powers.

Late Payment Charge: Interest at the rate of 3.25% on any amounts billed to you that you have not paid by the Due Date indicated on your bill.

Other AESO Charges: pass‑through non‑energy AESO charges applicable to retail load, including Trading Charge (TC), Price Setting Methodology uplift (PSM) and Adjustments to Load on Margin (ALM), calculated using the Distribution Company's settled import load for the Site. The Pool Price (PP) is excluded from this definition. Energy supplied from the Site is not subject to Other AESO Charges.

Product Sheet: Either the written Product Sheet you signed and sent to us, or the Internet sign-up confirmation you acknowledged online, as applicable, pursuant to which you initially selected your Energy Program(s). In the case of a written Product Sheet, we may send you a sign-up confirmation, based on your written Product Sheet; however, the actual written Product Sheet that you signed and sent to us is the document that forms part of your Agreement.

Profile: Your consumption profile as determined by your Distribution Company.

Retired Energy Programs: Has the meaning given to it in Section 6.11(f).

Site: The physical location where we will supply Energy. Each site for electricity will have its own Site identification number.

Site Administration Fee: the monthly fee payable for administration related to your Site, as more specifically described in the Product Sheet.

Site Schedule: The schedule of Sites originally set out on your Product Sheet, as amended or revised from time to time to add or delete Sites in accordance with this Agreement.

Solartility General Terms and Conditions: This document titled Solartility General Terms and Conditions, as amended from time to time in accordance with this Agreement.

Start Date: The date we first supply electricity or natural gas to a Site, as detailed in Section 2.5.


ENERGY PROGRAM TERMS AND CONDITIONS

These Energy Program Terms and Conditions form part of your Agreement. Wherever we refer to "Solartility", "we", "our" and "us", it means Solartility Energy Inc. Words and phrases that are capitalized in these Energy Program Terms and Conditions but not defined in these Energy Program Terms and Conditions are defined in the "Definitions" section of the Solartility General Terms and Conditions.

These Energy Program Terms and Conditions are organized by types of Energy Programs. For the particular terms and conditions that apply to each Energy Program you have selected, refer to the set of clauses that are stated to apply to that type of Energy Program.

Under these Energy Program Terms and Conditions, we agree to supply Energy to you and you agree to pay us based on the terms and conditions of this Agreement, including the terms and conditions applicable to your specific Energy Program(s)

Subject to the various amendment provisions in the Solartility General Terms and Conditions, we reserve the right to make changes to these Energy Program Terms and Conditions at any time. If there is a provision found in these Energy Terms and Conditions that conflicts with the Solartility General Terms and Conditions, the provisions found in the Solartility General Terms and Conditions will prevail to the extent of that conflict unless otherwise expressly stated in these Energy Program Terms and Conditions. The inclusion of an Energy Program type in these Energy Program Terms and Conditions does not mean we currently offer that Energy Program type or that we will continue to offer that Energy Program type in the future. Also, from time to time, we may offer new types of Energy Programs that are not included below.


Market Rate Program Terms and Conditions

The following set of terms and conditions applies to the Market Rate Energy Program.

1.0 ADDITIONAL DEFINITIONS

Early Exit Fee: the fee payable for cancellation under Section 5.4 of the Solartility General Terms and Conditions, as more specifically described in the Product Sheet.

Export Interval Meter Credit Rate: an electricity credit rate based on hourly / interval kWh exported to the grid, requiring an interval meter, calculated as follows:

Export Interval Meter Credit Rate = SUM (PP*EIMC) / SUM (EIMC)

Where:

  • PP: means the AESO hourly power pool price as published by the AESO.
  • EIMC: means the hourly interval metered exported kWh of electricity at the site.

Market Energy Rate: an electricity rate based on hourly / interval consumption from grid data, requiring an interval meter, calculated as follows:

Market Energy Rate = SUM (PP*HIMC) / SUM (HIMC)

Where:

  • PP: means the AESO hourly power pool price as published by the AESO.
  • HIMC: means the hourly interval metered consumption of electricity at the site.

Other AESO Charges: has the meaning given in Section 8 of the General Terms and Conditions.

Renewable Energy Fee: Where customer has elected to apply Alberta Renewable Energy Credits under the Market Rate Program, the per kWh for Renewable Energy Attributes allocated to customer to guarantee 100% of electricity consumed/imported from the grid is sourced from Alberta-based renewable energy generators (solar or wind) as otherwise defined in the Product Sheet.

Site Administration Fee: the monthly fee payable for administration related to your Site, as more specifically described in the Product Sheet.

2.0 PRICE

2.1 Energy Program

Your Energy Program is the Market Rate Program.

2.2 Payment

In exchange for the supply of electricity under this Energy Rate Program, and in addition to other amounts payable under this Agreement, you agree to pay us, by the Current Bill Date:

  • Market Energy Rate, multiplied by the amount of electricity we supply to you at the applicable Site(s); plus
  • Site Administration Fees related to the applicable Site(s); plus
  • Other AESO Charges, as applicable; plus
  • the Renewable Energy Fee; plus
  • Export Transaction Fees related to the applicable Site(s); plus
  • Import Transaction Fees related to the applicable Site(s); plus
  • any applicable Late Payment Charges; minus
  • the Export Interval Meter Credit.

3.0 Conditions to Adding a Micro-generator Site

To add a Micro-generator site under this Energy Program, you must:

  • qualify as a large Micro-generator under the Micro-generation Regulation; and
  • have a bi-directional interval meter installed. If you are a Micro-generator with an existing bi-directional cumulative meter, you must request a bi-directional interval meter to be installed by the applicable Distribution Company, after which you will be deemed to be a large Micro-generator under the Micro-generation Regulation.

4.0 AMENDMENT OF RETAILER IMPORT AND RETAILER EXPORT TRANSACTION FEES

We may change the Retailer Import and Export Transaction Fees that you pay as part of the Energy Rate, but we will always notify you first. Though we may decrease the Import Transaction Fee and the Export Transaction Fee by any amount and at any time in our discretion, we will not increase the Import Transaction Fee and the Export Transaction Fee by more than twenty-five (25) percent each time, and no more than two (2) times per calendar year. If we change the Import Transaction Fee and the Export Transaction Fee, we will notify you of such change in accordance with the amendment provisions set out in the Solartility General Terms and Conditions. In accordance with the Solartility General Terms and Conditions, you can cancel your Agreement with one month's notice before the change takes effect.

5.0 TERM

5.1 Term of Energy Program

The length of the Term of your Energy Program is as set out on the Product Sheet or as otherwise agreed to by you and us (including pursuant to Section 5.2 below). Subject to early cancellation or termination in accordance with the provisions of this Agreement, your Term will begin on the Start Date, the date you switched to this Energy Program, or the date you continued onto this Energy Program (as applicable). For certainty, the Term extends to the end of the day in which the end of the Term is reached. See Section 5.2 below for provisions that explain what happens at the end of the Term.

5.2 Continuation

When the term of this Energy Program expires, Solartility may automatically continue this Agreement for the Site to which this Energy Program applies. If we continue this Agreement, your new Energy Program for the applicable Site (the "Continuation Energy Program") will be the longest-term Micro-Generation Energy Program then available for which you and your applicable Site qualify. The set of Energy Program Terms and Conditions applicable to Micro-Generation Energy Programs will apply, and the term and price you pay for electricity (including the Energy Rate and Administration Fees) will be based on those for such longest-term Micro-Generation Energy Program. The other provisions of this Agreement will still apply during the continuation. At the end of the term of the Continuation Energy Program, the continuation provision described in the set of Energy Program Terms and Conditions applicable to Micro-Generation Energy Programs may be used by us to again continue this Agreement by creating another Continuation Energy Program for the applicable Site.

We will provide two months' notice to you before a Continuation Energy Program begins. If you object to the continuation, you may cancel this Agreement or delete the applicable Site without penalty on one month's notice in accordance with the Solartility General Terms and Conditions. If you provide notice at least one month prior to the continuation taking effect, the continuation will not apply to your Agreement and your Agreement will be cancelled with respect to the applicable Site. You agree that this Agreement will continue to be in effect in respect of the applicable Site after the continuation if you do not give proper notice of cancellation or deletion of the applicable Site. The continuation will not affect your right to cancel this Agreement or delete a Site without penalty on one month's notice in accordance with the Solartility General Terms and Conditions. At any time, you may also change your Energy Program in accordance with the Solartility General Terms and Conditions.


Variable Rate Program Terms and Conditions

The following set of terms and conditions applies to the Variable Rate Energy Program.

1.0 ADDITIONAL DEFINITIONS

Early Exit Fee: the fee payable for cancellation under Section 5.4 of the Solartility General Terms and Conditions, as more specifically described in the Product Sheet.

Export Cumulative Meter Credit Rate: an electricity credit rate based on cumulative metered kWh exported to the grid, calculated as follows:

Export Cumulative Meter Credit Rate = Variable Energy Rate

Other AESO Charges: has the meaning given in Section 8 of the Solartility General Terms and Conditions.

Renewable Energy Fee: the per kWh for Renewable Energy Attributes allocated to customer to guarantee 100% of electricity consumed/imported from the grid is sourced from Alberta-based renewable energy generators (solar or wind) as otherwise defined in the Product Sheet.

Site Administration Fee: the monthly fee payable for administration related to your Site, as more specifically described in the Product Sheet.

Variable Energy Rate: an electricity rate calculated as follows:

Variable Energy Rate = SUM ((HC) * (PP))/SUM(HC)

Where:

  • HC: means the hourly consumption of electricity as determined by applying the distributor's hourly profile for your rate class to your cumulative metered consumption.
  • PP: means the AESO hourly power pool price as published by the AESO.

2.0 PRICE

2.1 Energy Program

Your Energy Program is the Variable Rate Program.

2.2 Payment

In exchange for the supply of electricity under this Energy Rate Program, and in addition to other amounts payable under this Agreement, you agree to pay us, by the Current Bill Date:

  • Variable Energy Rate multiplied by the amount of electricity we supply to you at the applicable Site(s); plus
  • Site Administration Fees related to the applicable Site(s); plus
  • Other AESO Charges, as applicable; plus
  • the Renewable Energy Fee; plus
  • Export Transaction Fee related to the applicable Site(s); plus
  • Import Transaction Fee related to the applicable Site(s); plus
  • any applicable Late Payment Charges; minus
  • Export Cumulative Meter Credit (if applicable)

3.0 Conditions to Adding a Micro-generator Site

Available only to Small Micro‑generation Sites with bi‑directional cumulative meters. If a Site becomes interval‑metered, it will migrate to the Market Rate Program and be subject to the program-specific terms and conditions of the Market Rate Program. Notwithstanding that, participation in this Variable Rate Energy Program is open to residential customers who do not have a Micro-generator site.

4.0 AMENDMENT OF RETAILER IMPORT AND RETAILER EXPORT TRANSACTION FEES

We may change the Retailer Import and Export Transaction Fees that you pay as part of the Energy Rate, but we will always notify you first. Though we may decrease the Import Transaction Fee and the Export Transaction Fee by any amount and at any time in our discretion, we will not increase the Import Transaction Fee and the Export Transaction Fee by more than twenty-five (25) percent each time, and no more than two (2) times per calendar year. If we change the Import Transaction Fee and the Export Transaction Fee, we will notify you of such change in accordance with the amendment provisions set out in the Solartility General Terms and Conditions. In accordance with the Solartility General Terms and Conditions, you can cancel your Agreement with one month's notice before the change takes effect.

5.0 TERM

5.1 Term of Energy Program

The length of the Term of your Energy Program is as set out on the Product Sheet or as otherwise agreed to by you and us (including pursuant to Section 5.2 below). Subject to early cancellation or termination in accordance with the provisions of this Agreement, your Term will begin on the Start Date, the date you switched to this Energy Program, or the date you continued onto this Energy Program (as applicable). For certainty, the Term extends to the end of the day in which the end of the Term is reached. See Section 5.2 below for provisions that explain what happens at the end of the Term.

5.2 Continuation

When the term of this Energy Program expires, Solartility may automatically continue this Agreement for the Site to which this Energy Program applies. If we continue this Agreement, your new Energy Program for the applicable Site (the "Continuation Energy Program") will be the longest-term Micro-Generation Energy Program then available for which you and your applicable Site qualify. The set of Energy Program Terms and Conditions applicable to Micro-Generation Energy Programs will apply, and the term and price you pay for electricity (including the Energy Rate and Administration Fees) will be based on those for such longest-term Micro-Generation Energy Program. The other provisions of this Agreement will still apply during the continuation. At the end of the term of the Continuation Energy Program, the continuation provision described in the set of Energy Program Terms and Conditions applicable to Micro-Generation Energy Programs may be used by us to again continue this Agreement by creating another Continuation Energy Program for the applicable Site.

We will provide two months' notice to you before a Continuation Energy Program begins. If you object to the continuation, you may cancel this Agreement or delete the applicable Site without penalty on one month's notice in accordance with the Solartility General Terms and Conditions. If you provide notice at least one month prior to the continuation taking effect, the continuation will not apply to your Agreement and your Agreement will be cancelled with respect to the applicable Site. You agree that this Agreement will continue to be in effect in respect of the applicable Site after the continuation if you do not give proper notice of cancellation or deletion of the applicable Site. The continuation will not affect your right to cancel this Agreement or delete a Site without penalty on one month's notice in accordance with the Solartility General Terms and Conditions. At any time, you may also change your Energy Program in accordance with the Solartility General Terms and Conditions.


Solar Advantage – Energy Program Terms and Conditions

The following set of terms and conditions applies to the Solar Advantage Energy Program.

1.0 ADDITIONAL DEFINITIONS

Bi‑directional Cumulative Meter: means a metering configuration that measures cumulative imports and exports and is suitable for net billing for a Small Micro‑generation Site.

Early Exit Fee: the fee payable for cancellation under Section 5.4 of the Solartility General Terms and Conditions, as more specifically described in the Product Sheet.

Export Cumulative Meter Credit: a credit payable in dollars to the account of a Customer based on cumulative metered kWh exported to the grid from the Customer's Site.

Export Energy (E): means the kWh of electric energy delivered from the Site to the grid during the billing period, as determined by the Distribution Company.

Import Energy (I): means the kilowatt-hours (kWh) of electric energy supplied from the grid into the Site during the billing period, as determined by the Distribution Company.

Other AESO Charges: has the meaning given in Section 8 of the General Terms and Conditions

Renewable Energy Fee: Where customer has elected to apply Alberta Renewable Energy Credits under the Solar Advantage Energy Program, the per kWh for Renewable Energy Attributes allocated to customer to guarantee 100% of electricity consumed/imported from the grid is sourced from Alberta-based renewable energy generators (solar or wind) as otherwise defined in the Product Sheet.

R_low (also "Rlow"): means the posted lower electricity rate ($/kWh) for the Solar Advantage Program.

R_high (also "Rhigh"): means the posted higher electricity rate ($/kWh) for the Solar Advantage Program.

Retail Energy Rate for the billing period (R_BP or RBP): means the single energy rate ($/kWh) that is selected for the billing period under the Monthly Rate‑Selection Rule in Section 3.1 below and applied to both Imports and Exports for that billing period.

Small Micro‑generation: has the meaning under Section 1(1)(n) of the Micro‑generation Regulation and is typically a micro‑generator with a total nameplate capacity less than 150 kWp that is not deemed large micro‑generation.

2.0 ELIGIBILITY AND METERING

  • The Solar Advantage Program is available to Small Micro‑generation Sites with a bi‑directional cumulative meter only.
  • Non‑micro‑generation Sites may not enroll.
  • If a Site becomes interval‑metered or is deemed large micro‑generation, the Site is no longer eligible for the Solar Advantage Program and will migrate to the Market Rate Program (or another interval‑meter product for which the Site qualifies).
  • Meter or settlement changes made by the Distribution Company may result in invoice adjustments in accordance with Section 7 (Metering and Re‑bills) and the Solartility General Terms and Conditions.

3.0 PRICE

3.1 Energy Program

Your Energy Program is the Solar Advantage Program.

3.2 Monthly Rate‑Selection Rule (Energy Rate)

For each billing period, the Retail Energy Rate for the billing period (RBP) is selected as follows:

RBP = Rlow + 1{E>I} (Rhigh – Rlow); if E = I, RBP = Rlow

This means Solartility applies a single energy rate for the month: R_low when Import Energy is greater than or equal to Export Energy, and R_high when Export Energy exceeds Import Energy.

3.3 Application to Import Energy and Export Energy

For the billing period, Solartility bills Import Energy and credits Export Energy at the same selected rate R_BP. For Small Micro‑generation customers, this constitutes the retail energy rate for the billing period used to credit exports.

3.4 Posted Rates and Notice

R_low and R_high are posted on Solartility's Rate Schedule and may be changed on not less than 60 days' notice in accordance with the Solartility General Terms and Conditions.

3.5 Payments

In exchange for the supply of electricity under this Energy Rate Program, and in addition to other amounts payable under this Agreement, you agree to pay us, by the Current Bill Date:

  • Energy Rate multiplied by the amount of electricity we supply to you at the applicable Site(s); plus
  • Site Administration Fees related to the applicable Site(s); plus
  • Other AESO Charges, as applicable; plus
  • the Renewable Energy Fee (where applicable);
  • Import Transaction Fee; plus
  • Export Transaction Fee;
  • any applicable Late Payment Charges; minus
  • Export Cumulative Meter Credit.

4.0 Conditions to Adding a Micro-generator Site

To add a Micro-generator site under this Energy Program, you must qualify as a Small Micro-generator under the Micro-generation Regulation.

5.0 AMENDMENT OF RETAILER IMPORT AND RETAILER EXPORT TRANSACTION FEES

We may change the Retailer Import and Export Transaction Fees that you pay as part of the Energy Rate, but we will always notify you first. Though we may decrease the Import Transaction Fee and the Export Transaction Fee by any amount and at any time in our discretion, we will not increase the Import Transaction Fee and the Export Transaction Fee by more than twenty-five (25) percent each time, and no more than two (2) times per calendar year. If we change the Import Transaction Fee and the Export Transaction Fee, we will notify you of such change in accordance with the amendment provisions set out in the Solartility General Terms and Conditions. In accordance with the Solartility General Terms and Conditions, you can cancel your Agreement with one month's notice before the change takes effect.

6.0 TERM

6.1 Term of Energy Program

The length of the Term of your Energy Program is as set out on the Product Sheet or as otherwise agreed to by you and us (including pursuant to Section 5.2 below). Subject to early cancellation or termination in accordance with the provisions of this Agreement, your Term will begin on the Start Date, the date you switched to this Energy Program, or the date you continued onto this Energy Program (as applicable). For certainty, the Term extends to the end of the day in which the end of the Term is reached. See Section 5.2 below for provisions that explain what happens at the end of the Term.

6.2 Continuation

When the term of this Energy Program expires, Solartility may automatically continue this Agreement for the Site to which this Energy Program applies. If we continue this Agreement, your new Energy Program for the applicable Site (the "Continuation Energy Program") will be the longest-term Micro-Generation Energy Program then available for which you and your applicable Site qualify. The set of Energy Program Terms and Conditions applicable to Micro-Generation Energy Programs will apply, and the term and price you pay for electricity (including the Energy Rate and Administration Fees) will be based on those for such longest-term Micro-Generation Energy Program. The other provisions of this Agreement will still apply during the continuation. At the end of the term of the Continuation Energy Program, the continuation provision described in the set of Energy Program Terms and Conditions applicable to Micro-Generation Energy Programs may be used by us to again continue this Agreement by creating another Continuation Energy Program for the applicable Site.

We will provide two months' notice to you before a Continuation Energy Program begins. If you object to the continuation, you may cancel this Agreement or delete the applicable Site without penalty on one month's notice in accordance with the Solartility General Terms and Conditions. If you provide notice at least one month prior to the continuation taking effect, the continuation will not apply to your Agreement and your Agreement will be cancelled with respect to the applicable Site. You agree that this Agreement will continue to be in effect in respect of the applicable Site after the continuation if you do not give proper notice of cancellation or deletion of the applicable Site. The continuation will not affect your right to cancel this Agreement or delete a Site without penalty on one month's notice in accordance with the Solartility General Terms and Conditions. At any time, you may also change your Energy Program in accordance with the Solartility General Terms and Conditions.