When You Offset Your CO2 with NativeEnergy, you will have helped make it possible for a new carbon reduction project (the “Project”) to be implemented, as described on our web site. Your purchase will fund a portion of our commitment, made on our customers’ behalf, to purchase 100 percent of the carbon dioxide-equivalent verified emissions reductions (“VERs”) to be produced by the Project over a specific period of time, usually its first 10 years of operations. Our commitment provides revenues that were necessary for the Project to be implemented. Generally, we will make this purchase for you after the Project achieves operations (it is our contract to provide funding that the project is relying on to proceed with development and construction), although for some projects we provide some funding during the development phase. For your purchase, we allocate to you the output of a fraction of the Project’s generating capacity, sized proportionally to your purchase volume to produce at least the number of VERs you purchased over time. See our Buffer and Portfolio Guarantee, below.
Validation and Verification. All of our Projects undergo review by independent third parties who are accredited to make the determination that the project meets all the requirements of one of the leading carbon offset standards such as the Gold Standard, the Verified Carbon Standard or the Climate Action Reserve, and receive “validation” that they do. Importantly, this validation tells us the number of VERs we can expect the project to produce as it operates over time (the “Validated Quantity”). As the project operates over time, its VER production will be third party verified as specified in the project description on our web site and according to the rules of the applicable carbon offset standard. As they are verified, the standard issues credits on its project registry representing the VERs, which are then retired on your behalf so no one can claim the reductions but you. The period of time over which a project is issued credits by a standard is known as its “Crediting Period.”
Project Construction. Your project is being implemented when and as described in the project description on our web site. Part of actually helping build new renewable energy projects is committing to them in their early stages of development, when some uncertainties remain. So if the conditions for our purchase of the Project’s VERs are not met, or if the Project is not built with NativeEnergy’s support for any reason, your purchase price will help build an alternate project within one year after the date your Project was to be completed, either from our current portfolio of projects or a project that we add to our portfolio. We have relationships with a number of developers who have suitable projects in the early stages of development and that could really use our customers’ support. You’ll still own all the VERs to be generated by a share of the alternate project(s)’ generating capacity, adjusted for expected generation and expected operating life to produce at least your chosen number of tons of VERs over a term no longer than its Crediting Period, according to the standard under which the project is validated and its emissions reductions verified. If we are unable to accomplish the foregoing, we will acquire VERs from other sources, in an amount equal to your purchase, and will retire them on your behalf. We’ll give you written notice of the alternate source of your carbon offsets, which may be in our newsletter.
Project Operations. The Project owner has agreed with us that it will use commercially reasonable efforts to operate the Project for the duration of its Crediting Period. It has also agreed to perform all manufacturer-recommended maintenance and commercially reasonable repair, and to maintain adequate insurance.
Buffer; Portfolio Guarantee. NativeEnergy has contracted to purchase 100% of the Project’s VER output over its entire 10-year Crediting Period, however much that is. We will initially sell only a somewhat smaller portion of that (the “Sales Quantity”), usually the expected output from its first 9 years of operations (the “Delivery Term”). We reserve the remainder of the Validated Quantity (the “Buffer Quantity”) in a dedicated buffer account on the Registry or on our books, as a “buffer” to protect you against the risk that the Project underperforms during the Delivery Term. If the Project produces more than the Sales Quantity during the Delivery Term, we will retire the excess VERs on your behalf, and your purchase will result in more VERs than you paid for. If the Project produces less than the Sales Quantity during the Delivery Term, we will retire VERs from the buffer account, first from the Buffer Quantity from the Project, and second from the buffers of other projects in our portfolio whose Crediting Periods end in the year the Project’s Crediting Period ends, or in a prior year, and from which we sold VERs on a long-term, up-front basis (other than those where our customers have taken on 100% of the production risk) (our “Help BuildTM Projects”), until the Sales Quantity of VERs have been retired on behalf of the Project’s supporters. We will buffer each Help BuildTM project and manage that portfolio of project buffers to maintain, or following unforeseen events, to restore (as new projects are added to the portfolio), a 99% probability that more than enough VERs will be available to be retired on your behalf.
Our Emissions Reductions Estimates are Estimates Only. We estimate that your share of the Project’s VER production capacity will prevent the emission of the number of CO2-equivalent tons you have chosen to offset. This estimate will be third party validated by under the Verified Carbon Standard protocols. These protocols require verification to a 5% variance materiality threshold for accuracy, so we cannot guarantee 100% accuracy. In addition, the CO2–equivalent reducing impact of the Project may be subject to changes in law.
Billing. If you choose our monthly payment plan, we will continue to bill your credit card each month until you cancel. Each monthly payment will purchase 1/12 of the number of tons you chose to offset for the year. Your first monthly payment will be dedicated to the Project you chose to help build on our web site. Each successive monthly payment will be dedicated to that Project as long as we are selling from it on our web site. Thereafter, each monthly payment will be dedicated to helping build or support an alternated project in our portfolio. You can always learn which project your monthly payments are helping to build or support by sending us an e-mail at [email protected], or calling our toll-free number. If it isn’t a project you want to help build or support, we’ll either switch you to a different project or terminate our monthly billing, whichever you prefer. If you choose our upfront payment option, we will not automatically bill you again next year, although we will ask you to renew your purchase at that time.
Cancellation. If you elect our convenient monthly payment option, you may cancel any time for any reason by sending us an e-mail to [email protected] or calling us at (800) 924-6826 and we will immediately discontinue further charges to your credit card. If you elect our up-front payment option or our monthly payment option, you may cancel your participation for any reason by sending us an e-mail to [email protected] or calling our toll-free number within ten days of your initial purchase. If you cancel your participation within this period, we’ll refund any amounts charged to your credit card. If you do cancel, please tell us why.
Other Legal Provisions. EXCEPT AS SET FORTH EXPRESSLY IN THESE TERMS AND CONDITIONS, NATIVEENERGY MAKES NO WARRANTIES OF ANY KIND, WHETHER IMPLIED OR EXPRESS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (this disclaimer may not apply in your state). All our estimates regarding the quantity of emissions reductions represented by your VERs are subject to changes in law. In no event shall either party be liable to the other party for indirect, special, incidental or consequential damages of any kind, including, without limitation, loss of revenues or profits. In no event shall NativeEnergy be liable for any failure to perform to the extent caused by or resulting from any cause or circumstance beyond its reasonable control and which, by the exercise of due diligence, it could not have reasonably prevented or overcome. All damages shall be limited to actual damages only. The agreement set forth in these terms and conditions shall be governed by, and construed and enforced in accordance with, the laws of the State of Vermont, without regard to its provisions governing conflicts of laws. Any dispute arising under this agreement shall be subject to mandatory arbitration in accordance with the rules of the American Arbitration Association, and the arbitrator’s decision shall be final and binding upon the parties. All information included on the web pages or pop-ups linked to in these terms and conditions is incorporated into these terms and conditions by this reference, with the same effect as though fully set forth herein.
If you have questions about our terms and conditions, please contact us at [email protected] or call (800) 924-6826.