Background

Autopay Program Terms of Authorization

Thank you for enrolling in the Automatic Payment Program with Georgia Natural Gas (''GNG''). Your access to and use of this program is subject to the following Terms of Authorization and all applicable federal and state laws. These Terms of Authorization apply exclusively to your access to, and use of, automatic bank draft, automatic debit card or automatic credit card payment and do not alter in any way the GNG Terms and Conditions of Service, including Binding Arbitration and waiver of class action law suits, Disclosure Statements, or other agreements you have with GNG. You must agree to these Terms of Authorization to use the Autopay Program. If you do not agree to these terms, please cancel your authorization as provided in Section 6 below. Please retain these Terms of Authorization for your records.

1. Authorization

By selecting automatic payment as your payment method, you hereby authorize GNG to initiate debits from the bank account or charge the debit card or credit card that you specified at the time of your enrollment on a monthly basis. THIS AUTHORIZATION WILL REMAIN IN EFFECT UNTIL YOU NOTIFY GNG, AS PROVIDED BELOW, TO CANCEL IT. You agree to be bound by any rules your financial institution requires for pre-authorized electronic funds transfers and payments. You are responsible for all fees charged by your financial institution associated with the pre-authorized payment option if applicable. For debits, there is a maximum transaction amount of $99,999.00. For credit card payments, there is a maximum transaction amount of $2,000.00. You authorize GNG to charge your checking/savings account or present debit/credit card amounts for payment up to or equal to the amount due. You certify to GNG that you have the authority to authorize such debits from your bank account or authorize such charges to the debit/credit card whose information you provided to GNG. To help keep your account current and prevent service interruption, you authorize GNG to update your payment debit/credit card information on file when it is set to expire or based on updates we receive from the bank that issues your payment debit/credit card. This authorization will be valid for one (1) year.

2. Contact Information and Business Hours

You may contact GNG in writing at P.O. Box 440667, Kennesaw, Georgia 30160-9512 or by telephone during its general hours of operation at 770-850-6200 or 1-877-850-6200. GNG's general hours of operation are: 7:00 a.m. to 8:00 p.m., Monday through Friday and 8:00 a.m. to 5:00 p.m. on Saturday.

3. Monthly Bills

Each month you will receive a bill with your GNG charges. If you have any inquiries regarding your GNG charges, you may call the number or write to the address in Section 2 above.

4. Verification of Autopay

If you would like to verify that a payment transaction has been made, you may do so by calling GNG at the number in Section 2 above. If you have an online GNG account, at myaccount.gng.com.

5. Rejection of Automatic Payments

If your bank or financial institution returns or rejects any specific payment transaction for any reason, GNG may assess a charge for a returned payment or a late fee and may reinitiate a debit from your bank account or re-present a charge to your debit/credit card for such amount, provided GNG has not received and processed your request to cancel your authorization at least one business day prior to such attempt. In its sole discretion, GNG may remove you from the Autopay Program if your bank or financial institution returns or rejects any specific transfer or charge. You must update all changes to your checking/savings account or debit/credit card information by notifying GNG using the contact information in Section 2 above. If you do not update your checking/savings account or debit/credit card information and GNG is unable to withdraw funds from your checking/savings account or charge your debit/credit card for the amount due on your GNG account, you may be subject to applicable late fees and returned item charges as well as any fees or charges assessed by your financial institution.

6. Information of Contract Renewal/Cancelling Authorization

You may obtain information about how this Agreement renews or you may cancel authorization for autopay by notifying GNG using the contact information in Section 2 above, or online at myaccount.gng.com. GNG must receive and process your request for cancellation at least three (3) days prior to the applicable bill due date.

7. Variation of Payment

The payment transactions made through the Autopay Program may vary. If there is a variation in the monthly amount to be charged or debited, GNG will provide you with a notice of the amount to be paid in your bill, or otherwise in writing, at least ten (10) days prior to the date of such payment transaction. You will have the ability to stop payment on such payment transaction as specified in Section 8 below. The amount debited from your bank account or charged to your debit/credit card every month will be the then-current balance on your GNG bill, unless we otherwise notify you of a variation in your current balance (e.g., in connection with the issuance of a credit to your account) as explained above.

8. Cancel Payment Requests

You may request to cancel a payment that is part of the Autopay Program by notifying GNG using the contact information in Section 2 above, or online at myaccount.gng.com. GNG must receive and process your request at least one (1) business day before the next scheduled date of a payment transaction. Please note that the date of each payment transaction is the applicable bill due date. GNG may require you to send written confirmation of a cancel payment request to the aforementioned address within fourteen (14) days of an oral notification. In its sole discretion, GNG may remove you from the Autopay Program if you cancel a payment that is part of the Autopay Program.

9. Resolving Errors

If you believe the GNG charges on your bill are incorrect, please follow the procedures set forth in the GNG Terms and Conditions of Service. If you believe that a debit to your account or charge to your debit/credit card was in an amount different than indicated on your bill or if you need more information about a payment transaction listed on your bank statement or receipt, please call GNG using the contact information in Section 2 above, as soon as possible after learning of the issue. GNG must hear from you no later than sixty (60) days after the first statement on which the problem or error appeared was sent. In notifying GNG about the issue, please provide the following information: (1) your full name and account number; (2) a description of the error or payment transaction you are unsure about, with as many details as you can provide as to why you believe it is an error or why you need more information; and (3) the dollar amount of the suspected error. Please note that if you provide us with this information orally, GNG may require that you provide your complaint or question in writing to the address listed above within ten (10) business days.

If you notify GNG that an error involving a transfer from your specified bank account or charge to your debit/credit card has occurred, GNG will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account.

For errors involving new accounts, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error.

We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. GNG will correct the error within one (1) business day after determining that an error has occurred.

10. Change in Terms and Error Resolution Procedures

GGNG reserves the right to change these Terms of Authorization or terminate this program at any time. Notice may be given on or with your GNG bill or by other methods. If a change in these Terms of Authorization will result in (1) increased fees to you; (2) increased liability to you; (3) fewer types of available electronic fund transfers; or (4) stricter limitations on the frequency or dollar amount of payment transactions, GNG will mail or otherwise deliver a written notice to you at least twenty-one (21) days before the effective date. These Terms of Authorization do not in any way change, amend or modify the GNG Terms and Conditions of Service, or other agreements that apply to your GNG account.

11. Liability for Unauthorized Electronic Fund Transfers

Subject to the Limitations of Liability and Binding Arbitration provisions in the GNG Terms and Conditions of Service, GNG may be liable for certain losses and damages resulting from unauthorized electronic payment transactions initiated by GNG from your specified bank account or charged to your debit/credit card, including the failure to complete a payment transaction to or from such account on time or in the correct amount according to these Terms of Authorization. Please be advised that GNG's liability for any unauthorized electronic payment transaction is dependent upon your timely providing GNG with written and/or oral notification of any purported unauthorized transaction. You may notify GNG of any unauthorized electronic payment transaction using the contact information in Section 2 above. If GNG is timely notified, GNG will investigate all issues that you identified as resulting from an unauthorized electronic payment transaction in accordance with applicable law and the error resolution procedures discussed in Section (9) above.

However, please be advised that in addition to the Limitations of Liability provisions in the GNG Terms and Conditions of Service, GNG will not be liable to you in any amount if a payment authorized hereunder is not completed and such non-payment arises from: (1) an incorrect or incomplete autopay application provided to GNG, including but not limited to an incorrect or incomplete name or address or an incomplete or incorrect debit/credit card information, bank account or GNG account information; (2) if you do not have enough money in your account to make the payment; (3) if the funds in your bank account are subject to an uncollected funds hold, legal process or any other encumbrance or claim restricting transfers at the time GNG attempts to debit your account or charge your debit/credit card for an authorized payment; (4) if you have an overdraft line and the transfer would go over the credit limit; (5) if your debit/credit card or electronic payment transaction is otherwise declined or rejected by your financial institution; (6) if circumstances beyond GNG's control (such as fire, flood or act of God) prevent the payment transaction, despite reasonable precautions taken by GNG; (7) any other exceptions stated in any agreement you may have with GNG; or (8) if the maximum transaction amount that is set on your account is less than the amount of payments due by you.

12. Confidentiality

GNG will disclose information to third parties about your account or the payment transactions you make: (i) where it is necessary for completing payment transactions; (ii) in order to verify the existence and condition of our account for a third party, such as a credit bureau or merchant; (iii) in order to comply with government agency or court orders; (iv) to enforce its rights under this Agreement; or (iv) if you give us your express written permission.

13. Disclaimer

THE AUTOPAY PROGRAM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND GNG DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED TO THE MAXIMUM EXTENT PERMITTED BY LAW.