Residential Terms and Conditions
GAS SOUTH, LLC
Terms and Conditions of Service and Disclosure Statement
These Terms and Conditions of Service, together with the Disclosure Statement and
confirmation notice, represent a complete statement of the agreement between Gas
South, LLC (“Gas South”) and you, the customer. Gas South’s plans may vary by pricing,
length of commitment, and promotional incentives. Gas South’s plans include the
prices and charges that a customer pays for the natural gas commodity Gas South
sells. The Georgia Public Service Commission (“GPSC”) separately regulates distribution
charges for the delivery of natural gas to the customer by Atlanta Gas Light Company
(“AGL”). The Federal Energy Regulatory Commission regulates interstate transportation
prices and services. These Terms and Conditions shall apply where appropriate to
both customers who receive natural gas for personal, family or household purposes
(“residential customers”) and non-residential customers (“commercial customers”)
otherwise to one or the other class of customers as indicated herein.
Special Notice of Customer Rights: For Residential Customers: These “Terms and
Conditions of Service” are subject to the Natural Gas Consumers Relief Act as implemented
by the GPSC and other laws and regulations applicable to natural gas marketers certificated
by the GPSC. Gas South will only apply these terms in a fashion consistent with
those laws and regulations, including limitations on customer fees and deposits
and provisions for the return of deposits. In addition, customers may utilize Gas
South's dispute resolution process required by the GPSC pursuant to its implementation
of the Natural Gas Consumers Relief Act.
Basic Service Pricing: Under a fixed rate contract, Gas South
will charge you a rate per therm for natural gas commodity service that will not
change for the term of your contract. Under a variable rate contract, Gas South
will charge you a rate per therm for natural gas commodity service that may change
monthly based on market conditions. Pricing plans may vary with such factors as
your credit and incentive packages that Gas South offers. AGL pass through charges,
a Gas South monthly customer service fee, and state and local taxes will be charged
in addition to your rate per therm. Rates and customer service fees may also change
when your fixed rate plan expires, as stated in the applicable notice. Gas South
will not assess new or additional customer service fees or other charges or fees
without providing you advanced written notice of those charges or additions at least
twenty-five (25) days prior to implementation of the charge or fee.
Payment: Payment in full is due on or before the due date
shown on your bill. For your convenience, we offer multiple options to submit payments:
online, by phone, in person, by mail or via AutoPay using your bank account, a debit
card or a credit card. Visit gas-south.com/pay for further details. Gas South reserves
the right to add, change or terminate payment options at any time.
Below are the payment options:
- Auto-Pay: Have your account balance paid automatically on your due date using
your bank account, credit card or debit card.
- Online Payment: Pay your gas bill online at www.gas-south.com/pay,
- Pay by Phone: Pay your gas bill by phone via an automated payment service.
You may use your checking account, debit card or credit card. A processing fee may
be assessed for each transaction. Visit
www.gas-south.com/pay for additional information.
- Payment locations: Visit
www.gas-south.com/pay or call 1-866-762-6427 for walk-in payment locations.
These centers accept cash or money order payments for Gas South bills and may charge
a processing fee.
- Mail: Payments can be made by check or money order. Please allow five (5)
days for mail delivery of payment.
Change of Address: When you enroll to purchase natural gas
from Gas South, you are agreeing to purchase gas from Gas South for a particular
location. If you move to another location, you will need to enroll separately for
the new location.
Length of Commitment: The length of your commitment to purchase
gas and any subsequent rate plan options you may have vary depending on the plan
you select. The Disclosure Statement and confirmation notice, included as a part
of these Terms and Conditions, detail the terms of your plan, including your rate
per therm and length of service. Your purchases from Gas South will begin on the
meter reading date determined by AGL. (a) If you are turning on natural gas service
for the first time in a new location or after a seasonal (or other) disconnection,
your agreement with Gas South becomes effective on the date when service is turned
on by AGL. (b) If you are switching to Gas South from another marketer in Georgia,
and if you sign up by the 18th day of a given month, your switch will typically
become effective on the 1st day of the next month. If you enroll after the 18th
day of the month, your switch may not become effective until the following month
(example: sign up March 21st, your switch typically will become effective May 1st).
Gas South relies on AGL to process turn on and switch requests. Delays can occur.
Right to Cancel: You will have the right to cancel gas purchases
from Gas South at any time. To cancel your service with Gas South, call 678-504-2820
(Metro Atlanta) or 1-866-762-6427 (Toll Free). Gas South may charge you an early
cancellation fee depending on the plan in which you are enrolled. Gas South will
not charge a cancellation fee if you qualify as a low-income residential customer
seeking service for the first time from the regulated provider, if you terminate
service to relocate to another residence and do not change marketers, or if you
are relocating outside the AGL territory or to a home without natural gas service.
Changes to Terms and Conditions: Gas South may change the plans
and terms and conditions of its sales to you. If you are on a fixed term agreement
with Gas South and the expiration date of such agreement is approaching, or whenever
Gas South proposes to change its terms of service under any type of agreement, Gas
South will provide you written notice of changes before they are effective. The
notice will describe the changes in the Terms and Conditions and explain your options
in response to the changes. If changes in law or GPSC orders and rules require a
change in the way Gas South sells gas to you, Gas South will make the required change,
and Gas South will continue to sell gas to you under the plan in which you are enrolled.
If Gas South initiates a change in your plan, you will have the option of changing
your marketer and we will inform you of that option when it applies. In the event
that we properly disconnect your service for non-payment, your contract with Gas
South for the service terminated may be void. Restoration of service to you may
require a new contract which may or may not contain the same terms.
Limitation of Warranty: Gas South is selling you a commodity that
is produced, stored and transported by other businesses. Gas South makes no representations
or warranties other than those expressly stated in these Terms and Conditions. Gas
South expressly disclaims all other warranties, express or implied, including merchantability
and fitness for a particular purpose. The natural gas that Gas South markets will
meet applicable industry quality standards. Gas South is not responsible for the
delivery of gas to your premises. Gas South is undertaking no obligations, responsibilities
or liabilities upon and after delivery of the natural gas to AGL at the delivery
point. Gas South is not responsible for your use of the natural gas. Gas South exercises
no independent control over AGL’s facilities necessary for delivery of the natural
gas, and Gas South undertakes no responsibility or liability for the operations
of AGL or for interruptions, termination or deterioration of its delivery or other
services due to actions by AGL or others. Gas South undertakes no responsibility
for other pipeline or storage operations or resulting interruption of upstream transportation
that is scheduled as firm that prevents the delivery of natural gas to the delivery
Governing Law: Gas South’s sales to you will be governed by the
laws of the State of Georgia, including the laws applying to the sale of goods and
the applicable provisions of the Uniform Commercial Code as adopted by the State
Contact Information: Gas South representatives can be contacted
at 678-504-2820 (Metro Atlanta) or 1-866-762-6427 (Toll-Free) Monday – Friday 7a.m.
– 8 p.m., Saturdays 8a.m. – 5 p.m. You can also contact us via mail at Gas South
P.O. Box 723728, Atlanta, Georgia 31139, or at
To report a gas leak or other emergency, contact Atlanta Gas Light
Company: 770-907-4231 (within metro Atlanta) or 1-877-427-4321 (Toll Free)
You may also contact the Georgia Public Service Commission (GPSC)
at 404-656-4501 (Metro Atlanta), 1-800-282-5813 (Toll Free) or 404-656-2341 (Fax).
You may also contact them via mail at Consumer Affairs, Georgia Public Service Commission,
244 Washington Street, Atlanta Georgia 30334 or at
Billing Disputes: If you think your bill is incorrect, Gas South
recommends that you contact us within thirty (30) days of the date of the bill in
dispute. You will not be responsible for paying the “disputed portion” of the bill
during the investigation period but will be responsible for timely payment of charges
not in dispute. The disputed portion of the bill will not incur any late fees or
be subject to collection procedures during the investigation. If you receive bills
that undercharge or fail to charge for legitimate services, you will be given ninety
(90) days, or a greater period of time, if reasonable, and confirmed in writing
by Gas South to pay the correct amount and no late charge or interest will be charged
on the corrected amount during said period.
Gas South will use good faith efforts to resolve any customer disputes in a timely
manner. Gas South will contact you with the resolution of your dispute within 30
days of receipt of dispute. If you are still dissatisfied, you may contact the GPSC
collect and use information about our customers, your gas usage and that of other
customers, and other relevant information. Gas South obtains and uses information
about customers from third parties, including, but not limited to credit reporting
agencies, to better enable its business operation. Gas South may disclose such information
to its affiliates, or contractors operating on the behalf of Gas South for the purposes
of (1) developing or offering new or enhanced products and services or (2) administering
and/or collecting on customer accounts. Gas South may disclose such information
to parties in connection with proposed business transactions, to credit agencies,
or to duly authorized agencies investigating potential hazardous or illegal activity.
By providing Gas South with a contact phone number, you expressly agree that Gas
South may text you from 88796 at that number with important service notifications
related to your account. You also agree that Gas South may call you with information
pertaining to collections. You will not be contacted via text with information pertaining
to collections. These calls or text messages may be made using an automatic dialing
system or pre-recorded voice message You may opt out of receiving autodialed or
pre-recorded calls or text messages on your cellular telephone by notifying Gas
South by texting STOP to 88796 or email at email@example.com or in writing at
Gas South LLC, PO Box 723728, Atlanta, Georgia 31139 with the subject "Gas South:
Cell Phone Opt-Out". Even if you opt out, we will still continue to communicate
with you by other means. Your opt-out will not apply to notices of disconnections,
and other communication that may impact your health and safety or the health and
safety of others. By enrolling to purchase natural gas from Gas South, you agree
that you will maintain up-to-date contact information with Gas South, including
your current primary and alternate phone numbers, and that you will notify Gas South
immediately of any changes to your phone number(s), email address, or billing address.
Supported carriers: AT&T, Sprint, T-Mobile®, Verizon Wireless,
Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian
Wireless, Bluegrass Cellular, Carolina West Wireless, Cellcom, C-Spire Wireless
(formerly Cellsouth), Cellular One of East Central Illinois, Cincinnati Bell Wireless,
Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden
State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley
Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, iWireless,
Mobi PCS (Coral Wireless LLC), Mosaic, MTPCS / Cellular One (Cellone Nation), Nex-Tech
Wireless, nTelos, Panhandle Telecommunications, Peoples Wireless, Pioneer, Plateau,
Revol Wireless, Rina - Custer, Rina - All West, Rina - Cambridge Telecom Coop, Rina
- Eagle Valley Comm, Rina - Farmers Mutual Telephone Co, Rina - Nucla Nutria Telephone
Co, Rina - Silver Star, Rina - South Central Comm, Rina - Syringa, Rina - UBET,
Rina - Manti, South Canaan / CellularOne of NEPA, Thumb Cellular, Union Wireless,
United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. T-Mobile
is not liable for delayed or undelivered messages. Message & Data Rates May
Apply Per Carrier.
Assignment: You will not have the right to transfer your right
to purchase gas, from Gas South, to another party at your enrolled location. These
Terms and Conditions, your Disclosure Statement, and your confirmation notice constitute
our complete agreement and can be assigned by Gas South without your consent.
This Disclosure Statement provides important information about your service with
Gas South. This Disclosure Statement should be read in conjunction with the “Terms
and Conditions of Service” and your confirmation notice for a complete statement
of the agreement between Gas South and you, the customer.
Your confirmation notice highlights your rate plan, terms of service and cancellation
Length of Service: Your service will begin on the date determined
by AGL. Your particular term start and end dates are shown in your confirmation
Fixed Rate Contract: Under a fixed rate contract, Gas South will
charge you a rate per therm for natural gas commodity service that will not change
for the term of your contract.
For residential customers, your fixed rate does not include AGL pass through charges,
a Gas South monthly customer service fee, or state and local taxes, which will be
charged separately. At the end of your fixed rate contract, the customer service
fee may change based on payment history, age (senior qualification) or other appropriate
considerations, and in such case, we will inform you before the change goes into
For commercial customers, your fixed rate does not include AGL pass through charges,
meter read fee, and a Gas South monthly customer service fee, and state and local
taxes which will be charged separately. Depending on the rate plan you have selected,
your interstate pipeline capacity charges will either be included in your rate per
therm or will be charged as a separate line item on your bill. Please refer to the
Confirmation Notice as a reminder of the plan you have chosen. At the end of your
fixed rate contract, the customer service fee may change based on payment history,
or other appropriate considerations, and in such case, we will inform you before
the change goes into effect.
Variable Rate Contract: Under a variable rate contract, Gas South
will charge you a rate per therm for natural gas commodity service that varies monthly
based on market conditions. You can verify the current month’s rate at www.gas-south.com or by calling 678-504-2820 (Metro Atlanta)
or 1-866-762-6427 (Toll Free). This rate does not include AGL pass through charges,
a Gas South monthly customer service fee, or state and local taxes, which will be
charged separately. You can switch to a fixed rate contract at any time by calling
678-504-2827 (Metro Atlanta) or 1-866-762-6427 (Toll Free). If you choose to switch
to a fixed rate contract, new Terms and Conditions may apply.
For residential customers, Gas South may change its customer service fees based
on payment history, age (senior qualification) or other appropriate considerations,
and in such case, we will inform you at least twenty-five (25) days before the change
goes into effect.
For commercial customers, depending on the rate plan you have selected, your interstate
pipeline capacity charges will either be included in your rate per therm or will
be charged as a separate line item on your bill. Please refer to the Confirmation
Notice as a reminder of the plan you have chosen. You can switch to a fixed rate
contract at any time by contacting Gas South. Gas South may change its customer
service fees based on payment history, or other appropriate considerations, and
in such case, we will inform you at least twenty-five (25) days before the change
goes into effect.
Billing and Payment: You will be billed based on your meter reading
schedule set by AGL. The number of days between the bill date and the due date may
vary; however, you have at least twenty (20) days from the date Gas South mails
or posts the bill electronically to pay. Your bill will include all applicable federal,
state and local taxes and charges. Your bill may also include adjustments related
to previous billing errors, meter read errors, miscalculation of taxes or other
errors or omissions as current laws and regulations permit. Cancelling your contract
early will not affect the charges imposed by AGL.
For residential customers, your bill may contain AGL pass through charges, gas charges
and a Gas South customer service fee. Iif you are turning on natural gas service
for the first time in a new location or after a disconnection, you may also be charged
a fee of no more than $35, in addition to any charges assessed by AGL.
For commercial customers, your bill may contain AGL pass through charges, gas charges
and a Gas South customer service fee. If you are turning on natural gas service
for the first time in a new location or after a disconnection, you may also be charged
a turn on fee of no more than $75, in addition to any charges assessed by AGL. If
you are a tax-exempt entity, you will be responsible for providing the necessary
exemption certificate. Tax exemption begins on the billing cycle after receipt of
the necessary exemption certificate.
Gas South will post payments to your account in a timely manner. Gas South will
retain any refunds owed to natural gas customers in an amount less than $2. Gas
South will likewise not pursue collection of account balances less than $2.
Summary Billing: This option may be available for commercial customers
for an initial set-up fee of no more than $25 and a monthly maintenance fee of no
more than $10.
Additional Fees: If your payment is late, and any past-due amount
is greater than $30, Gas South has the right to charge a late fee in the amount
of $10 or 1.5 percent of the past due amount, whichever is greater. Pursuant to
Georgia law, should you issue a payment to Gas South which is dishonored by your
financial institution, you will be notified to pay the full amount, plus a service
charge of $30 or 5 percent of the face amount of the dishonored payment, whichever
is greater, plus any fees charged to Gas South by your bank or financial institution
as a result of your payment not being honored. At Gas South’s discretion, we may
assess this charge the first time your payment is not accepted, even if it is honored
upon resolution. Unless the total amount of the foregoing is paid in full within
a ten-day period, Gas South will be entitled to file a civil suit pursuant to Georgia
law against you for two times the amount of the payment, but in no case more than
$500, in addition to the payment of the dishonored amount, plus any court costs
incurred by Gas South in taking the action.
Budget Billing: Customers with no past due balance can request
a consistent bill amount for a specified length of time with the budget billing
payment plan. Your monthly budget payment will be based on your projected consumption
and current and future gas prices for the specified term. For fixed rate customers,
the monthly budget payment will be recalculated at the end of the specified term.
. Customers on a variable rate will have their budget payment amount recalculated
every twelve (12) months. If you remain on budget billing, a credit or debit balance
at the end of the budget period will be rolled over into the next budget monthly
payment amount calculations. Gas South reserves the right to recalculate your monthly
budget payment before the anniversary period if it appears that current estimated
payments are significantly under or over your actual charges. Your budget billing
payment plan will be canceled if your budget amount is not paid on time. If your
plan is canceled, any existing budget account balance will be applied to your account
and included on your next bill. Outstanding balances must be paid before being re-enrolled
on a budget billing payment plan. A new amount may apply at the time of re-enrollment.
Payment Arrangements: Customers are entitled to one reasonable
payment arrangement prior to disconnection, and must contact Gas South to establish
the terms. Gas South will confirm agreed upon terms in writing. Gas South accepts
payments from the Low Income Home Energy Assistance Program (“LIHEAP”).
Contact the Department of Human Resources for information regarding heating assistance
Department of Human ResourcesCommunity Services SectionDivision of Family
and Children ServicesTwo Peachtree Street, N.W. Suite19-268Atlanta, Georgia
Inquiries: 678-504-2820 (Metro Atlanta) or 1-877-423-4746 (Toll Free)
Right of Rescission: A consumer shall have a three day right of
rescission following receipt of this Disclosure at the time of initiating service
or when informed of a change in terms or conditions. You, the consumer, may cancel
in writing or electronically by contacting Gas South.
Notice of Expiration or Changes: If you have a fixed term contract
with us and it is approaching the expiration date, or whenever we propose to change
our terms of service in any type of agreement, you will receive written notification
from us prior to the date of expiration of or change to the agreement. We will explain
your options to you in this advance notification.
Credit Policy: For residential customers, as part of your application
for service, Gas South may require your consent to obtain a consumer credit score.
Your credit score, your payment history, or information you provide may influence
your rate per therm, your monthly customer service fee, your eligibility for certain
rate plans, and any deposit requirements. Your payment history or additional information
such as another utility service bill (electricity, telephone, or gas) may also be
required as a condition of service. If Gas South declines to serve you, or offers
you terms of service other than our best offer, Gas South will send you a notice
in writing explaining the reason for the decision.
For commercial customers, Gas South typically performs a credit check on all customers
enrolling for service. Your credit score may influence your rate per therm, monthly
customer service fee and deposit requirements.
Deposits: For residential customers, Gas South may require a deposit
for service depending on your credit score and payment history if you primarily
use gas for personal, family, or household purposes. Deposits shall not exceed $150
for a residential customer.
For commercial customers, Gas South may require a deposit for service depending
on your credit score and payment history. Deposits shall not exceed twenty (20)
percent of your annual estimated bill if you are a non-residential firm retail customer
who meets the definition under Commission Rule 515-7-9-.01(l).
If a deposit is required from you and you have paid your Gas South bills on time
as indicated on your monthly billing statement for a period of six (6) months or
if you terminate the account, whichever comes first, Gas South will refund the deposit
to you within sixty (60) days. Deposits will not be refunded if you have an outstanding
balance or an overdue balance exceeding the amount of the deposit. If the outstanding
or overdue balance is less than the deposit, Gas South will refund the difference.
Cancellation Fee: Fixed rate contracts may be subject to an early
cancellation fee. Gas South does not charge a cancellation fee for variable rate
contracts. For residential customers, Gas South will not charge a cancellation fee
if you qualify as a low-income residential customer seeking service for the first
time from the regulated provider, if you terminate service to relocate to another
residence and do not change marketers, or if you are relocating outside the Atlanta
Gas Light territory or to home without natural gas service.
Switching Fee: You have the right to switch once a year without
incurring AGL’s switching charge of $7.50 per switch. Additional switching charges
assessed by AGL may be passed on to you, the customer.
Estimated Bills: Gas South may send estimated bills when the actual
meter readings are not available. Estimated bills will be limited to no more than
two (2) consecutive months.
Late Payment, Nonpayment, Disconnection and Collection: Your gas
service will be subject to disconnection if a bill for service is not paid within
at least forty-five (45) days after the date of the bill. Gas South will deliver
a written notice of the proposed disconnection at least fifteen (15) days prior
to the date of disconnection. Before service is disconnected, Gas South will offer
at least one (1) reasonable payment arrangement in writing. Gas service will not
be disconnected by Gas South if it is not your current marketer. Gas service will
not be disconnected by Gas South for nonpayment of a bill that was not sent to you
in a timely manner or for any portions of a bill resulting from a billing dispute.
At least two (2) days prior to the proposed disconnection, Gas South will make a
good-faith effort to contact you. Ten (10) days after your service is disconnected,
your account may be sent to a third-party collection agency for further action.
If you ask to have your service reconnected, Gas South will require you to provide
payment for any outstanding balances for service provided, and you may be charged
an applicable reconnection fee of no more than $35, in addition to any charges assessed
by AGL. If there are previous returned payments, you will be required to pay the
applicable fees by either cash or credit card. A deposit of no more than $150 for
residential customers and twenty (20) percent of the annual estimated bill for non-residential
firm retail customers who meet the definition under Commission Rule 515-7-9-.01(l)
may be required for reconnection if Gas South determines that it is warranted. In
addition, at time of reconnection you may be subject to modified Terms and Conditions
of service which will be communicated to you at that time.
Customer Choice: Gas South will not prevent you from obtaining
distribution and commodity sales service from another marketer or provider.
Purpose If you have a Dispute (as defined below) with Gas
South that cannot be resolved informally, you and Gas South must arbitrate that
Dispute in accordance with the terms of this section (the “Arbitration Provision”)
instead of litigating the Dispute in court, except for small claims as provided
below. Arbitration means that you will have a fair hearing before a neutral, independent
arbitrator instead of in a court by a judge or jury. The decision of the arbitrator
will be final and binding. Nothing in this Arbitration Provision affects your right
to file a complaint with the GPSC regarding Gas South’s service or charges.
BY ACCEPTING SERVICE FROM GAS SOUTH, YOU HAVE AGREED TO RESOLVE ALL DISPUTES (EXCEPT
FOR THE GPSC AND SMALL CLAIMS AS PROVIDED BELOW) THROUGH BINDING ARBITRATION BY
THE AMERICAN ARBITRATION ASSOCIATION AND YOU HAVE WAIVED THE RIGHT TO FILE AN ACTION
Definitions As used in this Arbitration Provision, the term
“Dispute” means any dispute, claim, or controversy between you and Gas South regarding
any aspect of your relationship with Gas South, including gas service provided by
Gas South, that has arisen or that may arise in the future, whether based in contract,
statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation,
fraudulent inducement, negligence, or any other intentional tort), or any other
legal or equitable theory. The term “Dispute” also includes any dispute regarding
whether a particular controversy is subject to arbitration, including any claim
as to the enforceability of this Arbitration Provision. “Dispute” is to be given
the broadest possible meaning that will be enforced. As used in this Arbitration
Provision, “Gas South” means Gas South, LLC and its officers, directors, employees,
members, affiliates and agents and any other party that you may contend is jointly
or severally liable with any of the foregoing parties.
Informal Dispute Resolution Most customer concerns can be
resolved quickly and informally. If you have a complaint or a Dispute with Gas South,
please contact us. Representatives can be contacted at 678-504-2820 (Metro Atlanta)
or 1-866-762-6427 (Toll-Free) Monday – Friday 7a.m. – 8 p.m., Saturdays 8a.m. –
5 p.m. You can also contact us via mail at Gas South P.O. Box 723728, Atlanta, Georgia
31139 or at firstname.lastname@example.org.
Please provide your service address and Gas South account number. If you are unable
to resolve the issue to your satisfaction, you may also contact the GPSC.
In the unlikely event that Gas South or the GPSC is unable to resolve a complaint
or Dispute to your satisfaction (or if Gas South has not been able to resolve a
Dispute it has with you after attempting to do so informally), we each agree to
resolve all Disputes through binding arbitration by the American Arbitration Association
(“AAA”) or, if it is a claim for $15,000 or less, in Magistrate Court. Any arbitration
or Magistrate Court action will be on an individual basis only; class arbitrations
and class actions are not permitted.
Initiation of Arbitration Proceeding/Selection of Arbitrator
Notice of Dispute: A party who intends to seek arbitration (whether they have
tried to resolve the Dispute informally or not) must first send to the other, by
certified mail, a written Notice of Dispute (“Notice”). The Notice to Gas South
should be addressed to: Gas South c/o Rainey & Phillips, 358 Roswell Street, Suite
1130, Marietta GA 30060, (“Notice Address”). The Notice must (a) describe the nature
and basis of the claim or Dispute; and (b) set forth the specific relief sought
(“Demand”). If Gas South and you do not reach an agreement to resolve the Dispute
within 30 days after the Notice is received, you or Gas South may commence an arbitration
proceeding. For commercial customers, the arbitration will be governed by the AAA
Commercial Arbitration Rules, except as modified by these T&Cs. For residential
customers the arbitration will be governed by the AAA Consumer Arbitration Rules,
except as modified by these T&Cs. During the arbitration, the amount of any settlement
offer made by Gas South or by you shall not be disclosed to the arbitrator until
after the arbitrator determines the amount, if any, to which you or Gas South is
entitled. The Notice form is available on Gas South’s website (gas-south.com) or
by calling 678-504-2820 (Metro Atlanta) or 1-866-762-6427 (Toll Free).
Commencement of Arbitration: You may initiate arbitration by filing a Claim Form
with the AAA and by sending a copy of the Claim Form to Gas South c/o Rainey & Phillips,
358 Roswell Street, Suite 1130, Marietta GA 30060. The form is available on the
AAA website (www.adr.org), on Gas South website (gas-south.com) or by calling 770-850-6200
(inside metro Atlanta) or 1-877-850-6200 (outside metro Atlanta). You can complete
the Claim Form on the AAA website or you can mail the Claim Form to AAA Case Filing
Services, 1101 Laurel Oak Road, Suite 100, Voorhees, New Jersey 08403, with a copy
to Gas South. You do not need to send payment to the AAA. Upon receipt of the Claim
Form, Gas South will pay the required Arbitration filing fee.
Arbitration Procedures The Federal Arbitration Act (“FAA”),
not state arbitration law, will govern the arbitrability of all Disputes. However,
applicable federal law or Georgia law may apply to and govern the substance of any
Disputes. Any state statutes pertaining to arbitration shall not be applicable under
this Arbitration Provision. If there is a conflict between this Arbitration Provision
and the applicable AAA rules, this Arbitration Provision shall govern. If the AAA
will not enforce this Arbitration Provision as written, it cannot serve as the arbitration
organization to resolve your dispute with Gas South. If this situation arises, the
parties shall agree on a substitute arbitration organization. If the parties are
unable to agree, the parties shall mutually petition a court of appropriate jurisdiction
to appoint an arbitration organization that will enforce this Arbitration Provision
as written. Gas South will bear the costs and attorneys’ fees associated with such
a petition. If there is a conflict between this Arbitration Provision and the rest
of these T&Cs, this Arbitration Provision shall govern.
A single arbitrator chosen by the AAA will resolve the Dispute. You should know
that participating in arbitration may result in limited discovery. The arbitrator
will honor claims of privilege recognized by law and will take reasonable steps
to protect customer account information and other confidential or proprietary information.
The arbitrator will make any award in writing but need not provide a statement of
reasons unless requested by a party. An award rendered by the arbitrator may be
entered in any court having jurisdiction over the parties for purposes of enforcement.
Waiver of Class Actions ALL PARTIES TO THE ARBITRATION MUST
BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE
ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON ANY BASIS
INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE
GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER RECIPIENTS OF GAS SERVICES
FROM GAS SOUTH, OR OTHER PERSONS SIMILARLY SITUATED. YOU ALSO AGREE NOT TO PARTICIPATE
AS A CLASS MEMBER IN ANY SUCH PROCEEDING.
Location of Arbitration Residential customers: If the amount
of the claim is $25,000 or less you may choose whether the arbitration takes place
in person, by telephone or on written submissions. If the amount of the claim is
more than $25,000 the type of hearing shall be determined by the AAA rules. If an
in-person hearing is to be held and the parties do not agree on the location, then
the hearing will take place in the county where you are billed.
Commercial Customers: The applicable procedures, including the location of a hearing,
if needed, shall be determined by the Commercial Arbitration Rules.
Payment of Arbitration Fees and Costs GAS SOUTH WILL PAY
ALL ARBITRATION FILING FEES AND ARBITRATOR’S COSTS. YOU ARE RESPONSIBLE FOR ALL
ADDITIONAL COSTS THAT YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO,
ATTORNEY’S FEES (IF YOU CHOOSE TO BE REPRESENTED BY AN ATTORNEY) AND EXPERT WITNESS
FEES. YOU SHALL NOT BE REQUIRED TO REIMBURSE GAS SOUTH FOR THE FILING FEES AND ARBITRATION
COSTS PAID BY IT UNLESS THE ARBITRATOR DETERMINES THAT YOUR CLAIM WAS FRIVOLOUS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, GAS SOUTH
WILL PAY ALL FEES AND COSTS THAT IT IS REQUIRED BY LAW TO PAY, INCLUDING PAYMENT
OF YOUR ATTORNEY’S FEES AND LITIGATION COSTS, IF REQUIRED, BY APPLICABLE LAW. IN
ADDITION, IF THE ARBITRATION AWARD IS GREATER THAN GAS SOUTH’S LAST WRITTEN SETTLEMENT
OFFER OR IF GAS SOUTH DID NOT MAKE A SETTLEMENT OFFER TO YOU, GAS SOUTH WILL PAY
TWICE THE AMOUNT OF YOUR ATTORNEY’S FEES, REIMBURSE THE EXPENSES REASONABLY INCURRED
BY YOUR ATTORNEY IN PURSUING YOUR CLAIM AND A $7,500 MINIMUM RECOVERY, PROVIDED,
HOWEVER, YOU MAY NOT RECOVER DUPLICATIVE AWARDS OF ATTORNEY’S FEES AND EXPENSES.
ALTHOUGH UNDER SOME LAWS, GAS SOUTH MAY HAVE THE RIGHT TO AN AWARD OF ATTORNEY’S
FEES AND EXPENSES IF IT PREVAILS, GAS SOUTH AGREES NOT TO SEEK SUCH AN AWARD.
Exclusion from Arbitration You and Gas South agree that where
the amount at issue is a claim within the jurisdiction of the Magistrate Court and
is an individual as opposed to a class claim, you or Gas South may elect to seek
resolution of the Dispute in the Magistrate Court. You and Gas South further agree
that any appeal from the Magistrate Court, including a de novo appeal, shall be
by binding arbitration pursuant to the provisions of this section IV. Any such appeal
shall be commenced by giving the Notice described in the Initiation of Arbitration
section above. You may also file a complaint with the GPSC.
Continuation This Arbitration Provision shall survive the
termination of your gas service with Gas South.
GAS SOUTH, LLC
Pay-As-You-Go® Billing Program Disclosure Statement Addendum
This Pay-As-You-Go® Billing Program Disclosure Statement Addendum
(“Addendum”) outlines differences in the Pay-As-You-Go® Billing Program
from the terms outlined previously in the Residential Disclosure Statement. All
other Residential Disclosure Statement terms apply to the Pay-As-You-Go®
Billing Program and the Residential Terms and Conditions of Service apply in their
Billing and Payment: Gas South will mail your first Pay-As-You-Go®
bill within one week of your service start date. Thereafter, you will be billed
based on your meter reading schedule set by AGL. The bill may contain AGL base charges,
gas charges for the prior billing period, projected gas charges for the next 30
days, and a Gas South customer service fee. Each bill will also include an adjustment
reflecting the difference between the prior period’s projected charges and the actual
charges incurred. Your bill will also include all applicable federal, state and
local taxes and charges. Your bill may also include adjustments related to previous
billing errors, meter read errors, miscalculation of taxes or other errors or omissions
as current laws and regulations permit. Early termination will not affect the charges
imposed by AGL.
Budget Bill Payment Plan: The Budget Bill Payment Plan is
not available to customers enrolled in the Pay-As-You-Go® Billing
Deposits: Gas South will not require a deposit from customers
who enroll in the Pay-As-You-Go® Billing Program.
Late Payment, Nonpayment, Disconnection and Collection:
accelerated disconnection timeline is a condition of Gas South’s Pay-As-You-Go®
Billing Program, whereby gas service will be subject to disconnection if a bill
is not paid in full within at least twenty-five (25) days after the date the bill
is mailed . Gas South will deliver a written notice of the proposed disconnection
at least fifteen (15) days prior to the date of disconnection. This notice will
be included in each bill. Before a request is made to AGL , Gas South will make
available at least one (1) reasonable payment arrangement in writing. Gas service
will not be disconnected by Gas South if it is not your current marketer or for
nonpayment of a bill that was not sent to you in a timely manner or for any portions
of a bill resulting from a billing dispute. At least two (2) days prior to the proposed
disconnection, Gas South will make a good-faith effort to contact you. You remain
liable for all charges incurred until such time as the gas service is disconnected.
Ten (10) days after your service is disconnected, your account may be sent to a
third-party collection agency for further action. If you ask to have service reconnected,
Gas South will require you to pay reconnect charges and provide payment for any
outstanding balances. You may also be charged a reconnection fee of no more than
$25.00, in addition to any charges assessed by AGL.