Terms of Service

Welcome to Elite Energy Consultants. These Terms of Service ("Terms," "Agreement") govern your access to and use of our website, services, and energy consulting solutions. By accessing our website or engaging our services, you agree to be bound by these Terms. Please read them carefully before proceeding.

1. Acceptance of Terms

By accessing, browsing, or using the Elite Energy Consultants website (the "Site") or by entering into a service agreement with us, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, as well as our Privacy Policy. If you do not agree to these Terms, you must not access or use our services.

These Terms constitute a legally binding agreement between you (the "Client," "Customer," or "you") and Elite Energy Consultants ("Company," "we," "us," or "our"). We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting to the Site. Your continued use of our services after any such changes constitutes your acceptance of the new Terms.

2. Description of Services

Elite Energy Consultants provides comprehensive commercial and residential energy consulting services, including but not limited to:

• Energy market analysis and procurement strategies
• Electricity and natural gas supplier negotiations
• Contract review and energy rate comparisons
• Energy usage audits and consumption analysis
• Cost-saving recommendations and optimization strategies
• Market monitoring and ongoing account management
• Utility bill review and validation services
• Energy portfolio management for multi-site operations
• Renewable energy sourcing and sustainability consulting
• Regulatory compliance guidance and support

Our services are designed to help businesses and residential customers in deregulated energy markets reduce their energy costs through expert analysis, strategic procurement, and ongoing optimization. We act as your advocate in energy markets, leveraging our industry expertise and supplier relationships to secure competitive rates and favorable contract terms.

3. Service Eligibility and Authorization

3.1 Eligibility Requirements

To use our services, you must:

• Be at least 18 years of age or the age of legal majority in your jurisdiction
• Have the legal authority to enter into binding contracts
• Operate or represent a business entity with proper authorization to execute energy agreements
• Be located in or operate facilities within deregulated energy markets we serve
• Provide accurate and complete information during the enrollment process

3.2 Authorization to Act

By engaging our services, you grant Elite Energy Consultants the limited authority to act as your agent for the purpose of:

• Obtaining energy usage data and historical billing information from your utility providers
• Soliciting competitive quotes from electricity and natural gas suppliers
• Negotiating contract terms and pricing on your behalf
• Reviewing and comparing energy supply offers
• Providing recommendations for energy procurement decisions

You acknowledge that we serve in an advisory capacity, and all final decisions regarding energy supply contracts rest solely with you. We do not execute energy supply agreements on your behalf without your explicit written authorization.

4. Client Responsibilities

As a client of Elite Energy Consultants, you agree to:

4.1 Information Accuracy

• Provide accurate, complete, and current information about your energy consumption, facilities, and business operations
• Promptly notify us of any changes to your contact information, facility locations, or operational status
• Supply utility account numbers, historical usage data, and other information necessary for accurate analysis
• Review all documentation carefully before providing authorization or executing contracts

4.2 Timely Communication

• Respond to our communications in a timely manner, particularly regarding time-sensitive market opportunities
• Notify us of contract expiration dates and renewal deadlines at least 90 days in advance
• Inform us promptly of any issues, disputes, or concerns with energy suppliers
• Maintain open lines of communication to ensure effective service delivery

4.3 Contract Compliance

• Honor and fulfill all obligations under energy supply contracts entered into through our services
• Make timely payments to energy suppliers as required by supply agreements
• Comply with all terms and conditions of executed energy contracts
• Understand that early termination of energy supply contracts may result in penalties or fees assessed by suppliers

5. Fees and Compensation

5.1 Compensation Structure

Elite Energy Consultants operates on a commission-based compensation model. Our fees are typically paid by energy suppliers when you execute a supply contract, at no direct cost to you. This structure ensures our interests are aligned with yours—we only succeed when we help you secure competitive energy rates.

5.2 Fee Disclosure

We maintain transparency in our compensation arrangements:

• Supplier commissions are embedded in the energy rates presented to you
• All pricing quotes provided include our compensation
• We will disclose our fee structure upon request
• Our fees do not increase the rates you pay compared to direct supplier enrollment
• You incur no additional charges for our consulting services beyond the agreed energy rates

5.3 Additional Services

Certain specialized services may be offered on a fee-for-service basis, including:

• Comprehensive energy audits and efficiency assessments
• Custom market research and detailed load profiling
• Litigation support and expert witness services
• Training and educational programs

Such services and their associated fees will be clearly outlined in a separate service agreement before work commences.

6. No Warranties or Guarantees

6.1 Service Disclaimer

While we strive to provide excellent service and secure competitive energy rates, Elite Energy Consultants makes no warranties or guarantees regarding:

• Specific savings amounts or percentages on energy costs
• The future performance of energy markets or pricing trends
• The financial stability or service quality of energy suppliers
• Uninterrupted access to our services or website
• The accuracy of third-party data sources or market information

6.2 As-Is Basis

Our services are provided on an "as-is" and "as-available" basis. We disclaim all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our services will meet your specific requirements or that the operation of our services will be uninterrupted or error-free.

6.3 Energy Market Risks

Energy markets are subject to volatility and influenced by numerous factors beyond our control, including:

• Supply and demand fluctuations
• Weather patterns and seasonal variations
• Geopolitical events and regulatory changes
• Infrastructure constraints and grid reliability issues
• Economic conditions and market speculation

Past energy market performance is not indicative of future results. We cannot guarantee specific outcomes or protection against market volatility.

7. Limitation of Liability

7.1 Liability Cap

To the maximum extent permitted by applicable law, Elite Energy Consultants' total liability to you for any claims arising from or related to our services shall not exceed the total fees paid by you to us (if any) during the twelve (12) months preceding the event giving rise to the liability, or $1,000, whichever is greater.

7.2 Excluded Damages

In no event shall Elite Energy Consultants be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Lost profits, revenue, or business opportunities
• Business interruption or operational delays
• Loss of data or information
• Cost of substitute services or replacement energy
• Damage to reputation or goodwill

This limitation applies regardless of the legal theory upon which the claim is based, whether in contract, tort (including negligence), strict liability, or otherwise, and even if we have been advised of the possibility of such damages.

7.3 Third-Party Actions

Elite Energy Consultants shall not be liable for:

• The actions, omissions, or performance of energy suppliers, utilities, or other third parties
• Supplier defaults, service interruptions, or quality issues
• Utility billing errors or service disputes
• Changes in regulatory requirements or tariff structures
• Force majeure events beyond our reasonable control

8. Indemnification

You agree to indemnify, defend, and hold harmless Elite Energy Consultants, its officers, directors, employees, agents, affiliates, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of or access to our services
• Your violation of these Terms of Service
• Your violation of any rights of another party, including energy suppliers or utilities
• Your breach of any representation, warranty, or covenant contained in these Terms
• Any false, inaccurate, or misleading information you provide to us
• Your failure to comply with energy supply contracts or payment obligations

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

9. Intellectual Property Rights

9.1 Company Property

All content, features, and functionality on our website, including but not limited to text, graphics, logos, images, software, data compilations, and the compilation thereof, are the exclusive property of Elite Energy Consultants and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

9.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our services for your personal or internal business purposes. This license does not permit you to:

• Modify, copy, distribute, transmit, display, reproduce, or create derivative works from our content
• Decompile, reverse engineer, or disassemble any software or technology used in our services
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices
• Use our services for any commercial purpose not explicitly authorized
• Extract data through automated means (scraping, bots, etc.) without written permission

9.3 Trademarks

"Elite Energy Consultants" and related logos, service marks, and trade names are proprietary marks of our company. You may not use these marks without our prior written consent.

10. Confidentiality

10.1 Confidential Information

In the course of providing services, both parties may have access to confidential information. "Confidential Information" includes:

• Business strategies, financial information, and operational data
• Energy usage patterns, consumption data, and load profiles
• Pricing information, contract terms, and supplier quotes
• Proprietary methodologies, analyses, and recommendations
• Any information marked as confidential or that reasonably should be considered confidential

10.2 Obligations

Both parties agree to:

• Maintain the confidentiality of all Confidential Information
• Use Confidential Information solely for the purposes of providing or receiving services
• Limit access to Confidential Information to employees and agents with a legitimate need to know
• Protect Confidential Information using the same degree of care used for their own confidential information
• Not disclose Confidential Information to third parties without prior written consent

10.3 Exceptions

Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no breach of this Agreement
• Was rightfully known prior to disclosure
• Is independently developed without reference to Confidential Information
• Is required to be disclosed by law, regulation, or court order (with prior notice if possible)

11. Term and Termination

11.1 Service Term

Our service relationship typically continues for the duration of your energy supply contract(s) and may extend through subsequent contract periods unless terminated by either party. Individual service agreements may specify different term lengths.

11.2 Termination Rights

Either party may terminate the service relationship:

• For convenience, by providing thirty (30) days written notice
• Immediately, if the other party materially breaches these Terms and fails to cure within fifteen (15) days of written notice
• Immediately, if the other party becomes insolvent, files for bankruptcy, or ceases business operations

11.3 Effect of Termination

Upon termination:

• You remain responsible for all obligations under energy supply contracts executed through our services
• We will cease providing ongoing monitoring and management services
• All compensation earned prior to termination remains payable
• Confidentiality obligations survive termination indefinitely
• You must cease using our website and services

12. Dispute Resolution

12.1 Informal Resolution

Before initiating formal dispute resolution, the parties agree to attempt to resolve any disputes through good-faith negotiations. Either party may initiate negotiations by providing written notice describing the dispute and proposed resolution.

12.2 Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to these Terms or the services provided shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Houston, Texas, and the decision of the arbitrator shall be final and binding.

12.3 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and Elite Energy Consultants individually. To the fullest extent permitted by law, you waive any right to pursue disputes on a class action, consolidated, or representative basis.

12.4 Exceptions

Either party may seek injunctive or equitable relief in court to protect intellectual property rights or confidential information without first engaging in arbitration.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Harris County, Texas, and you consent to the personal jurisdiction of such courts.

14. Force Majeure

Elite Energy Consultants shall not be liable for any failure or delay in performance due to events beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, epidemics, or pandemics
• War, terrorism, civil unrest, or government actions
• Labor disputes, strikes, or supply chain disruptions
• Power outages, telecommunications failures, or Internet service disruptions
• Changes in laws, regulations, or market rules

Performance shall be excused during the period of such force majeure event, and the time for performance shall be extended accordingly.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If modification is not possible, the provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

16. Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

17. Entire Agreement

These Terms of Service, together with our Privacy Policy and any written service agreements, constitute the entire agreement between you and Elite Energy Consultants regarding the use of our services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

18. Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to any affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of assets.

19. Notices

All notices under these Terms must be in writing and shall be deemed given when:

• Delivered personally
• Sent by confirmed email transmission
• Sent by certified or registered mail, return receipt requested
• Delivered by a nationally recognized overnight courier service

Notices to Elite Energy Consultants should be sent to:

Elite Energy Consultants
2 Riverway Dr, Suite 1250
Houston, TX 77056
Email: admin@eliteenergyconsultants.com

20. Compliance with Laws

You agree to comply with all applicable federal, state, and local laws, regulations, and ordinances in connection with your use of our services. Elite Energy Consultants operates in accordance with all applicable energy industry regulations, including but not limited to:

• Federal Energy Regulatory Commission (FERC) regulations
• State public utility commission requirements
• Retail energy market rules and codes of conduct
• Consumer protection laws and fair business practices statutes
• Data privacy and security regulations

21. Survival

The following sections shall survive termination of these Terms: Fees and Compensation (to the extent of earned fees), Limitation of Liability, Indemnification, Intellectual Property Rights, Confidentiality, Dispute Resolution, Governing Law, and any other provisions that by their nature should survive.

22. Contact Information

If you have questions about these Terms of Service, please contact us:

Elite Energy Consultants
2 Riverway Dr, Suite 1250
Houston, TX 77056
Phone: +1 (888)-788-ENERGY
Email: admin@eliteenergyconsultants.com

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. We recommend printing or saving a copy of these Terms for your records.