This contract applies when we start supplying electricity to any property at your request. If at any time (whether now or later) you have more than one property we supply electricity to, this contract applies to all those properties for as long as we supply electricity to them.
If more than one person is named as a customer on an account, each person shall be jointly and severally liable for meeting all the responsibilities under this contract, including paying all our charges for all the properties covered by this contract. We need consent from every person that wishes to be named as a customer on an account.
Electricity supplied by us shall only be supplied on the basis of the terms and conditions contained in this agreement to the absolute exclusion of anything to the contrary in the terms of a Customer's order that purports to override any of the terms and conditions herein.
a) supply you with electricity, gas or both and provide other associated services as necessary or as agreed in accordance with this Agreement and we will at all times endeavour to ensure the quality of the services that we provide to you meet.
b) operate an online help and call centre at reasonable times to help answer any questions or solve any problems using electricity with MegaEnerg.
c) operate a twenty-four (24) hour faults service to respond to any faults with, or interruption to, electricity supply to your properties.
a) with the Distribution Companies relevant to your properties so that we can supply electricity to your properties unless a Distribution Company has or requires a direct contract with you.
b) to ensure that there is a meter installed at each property and that this meter is read at regular intervals.
Sometimes your electricity supply may not be continuous or steady. We will have arrangements in place to ensure that electricity supply to each affected property is restored as soon as practicable in the event of interruption.
If you believe there is any fault in your electricity supply then you must immediately contact us. This can be done by calling our faults number 0800 6342835.
Important:You must treat all electrical lines or wires as being live at all times and therefore potentially deadly. You are responsible at all times for your own personal safety.
a) if you are a residential customer, tell us if:
(i) you or someone in your household is reliant on constant electrical supply for critical medical support. or
(ii) disconnection of electricity supply would present a clear threat to the health or wellbeing of you or someone in your household because of their health, age or disability. or
(iii) because of severe financial insecurity (whether temporary or ongoing) it has genuinely become difficult for you to pay for the electricity supplied to your properties.
b) take adequate precautions to protect property and equipment (including your own electrical equipment) from fluctuations in frequency, voltage and interruption to supply.
c) insure yourself against damage from those fluctuations or interruptions. This includes taking business interruption insurance if it is appropriate to you.
Uninterrupted electricity supply is not guaranteed, however, if anyone, including a Distribution Company, plans to interrupt your electricity supply for any reason (for example for maintenance, or to undertake repairs or improvements), we will try to give you at least four (4) days prior notice. However, there may be cases where it is not practical to give four days prior notice, and in some cases it may not be possible to give any notice at all.
We will assess the amount of electricity supplied to a property by reading the meter or, if we have not read the meter we will estimate the amount of electricity supplied to that property.
If you have any "un-metered" supply, we will estimate the amount of electricity supplied.
We need to read the meters at a property on a regular basis. You must allow us access to each of your properties and to the metering equipment to allow us to do that. You can provide us with additional meter readings at any time.
You must tell us if you think a meter is inaccurate. If you ask us to test a meter, or if we decide to test it, and we find it is not within the industry standards of accuracy, we will work out what your actual electricity usage should have been, and we will debit or credit your account with us accordingly. If you ask us to test a meter, and it is found to be accurate, you may be charged for the meter test.
MegaEnergy will charge you for electricity, gas or both and other associated services at the rates, fees and charges listed in your Pricing Schedule or as set out in the Special Terms or as agreed with you from time to time. At any time you may request details of your Pricing Schedule from us. We may also charge you service fees for services provided under this Agreement at our then current rate. You may request a copy of our current service fees from our Customer Service Representatives or view them on our website.
We will use our reasonable endeavors to invoice you on a monthly base for amounts payable by you under this Agreement.
Where we change your Pricing Schedule prices or transfer you to another Pricing Schedule, we will allocate your usage between the old and new rates based on your average daily usage (as measured or estimated) within the relevant invoicing period.
You agree to pay the charges set out in this Agreement for electricity, gas or both supplied to your Connection Point and any other associated services. You also agree to pay any service fees we charge you for electricity, gas or both and other associated services not expressly covered under your Pricing Schedule or the Special Terms, including any government imposed taxes, fees and levies which we may pass on to you.
Our invoices may include charges for network services or other services (that relate directly or indirectly to our continued supply of Electricity, gas or both to you) provided by the Lines Company, Network Operator or other third parties (such charges will be separately identified). You agree to pay to us all such charges and any other charges payable by you under this Agreement in accordance with clause 5.2. We will apply all such payments on the basis agreed between us and the Lines Company, Network Operator or other third parties.
Where we recover charges on behalf of the Lines Company, Network Operator or other third parties, and these charges change, we will notify you of the changes at least 30 days' prior notice, unless we have not, ourselves, been given sufficient notice by the relevant Lines Company, Network Operator or other third party in which case we will give you as much notice as reasonably practicable.
We will determine which Pricing Schedule you are eligible for based on your electricity and/or gas usage and on your metering installation. If you stop being eligible for the Pricing Schedule you are on, we may transfer you to an alternative Pricing Schedule for which you are eligible on giving you at least 30 days'prior notice. Subject to eligibility, you may choose an alternative Pricing Schedule which you wish to apply to you and notify us of your choice. Should you be eligible for the plan chosen, we will transfer you to the alternative Pricing Schedule chosen by you within 30 days of receiving such notice from you.
You must pay us the full amount of any invoice (including any estimated invoices) by the date for payment shown on the invoice by any one of a number of different methods. We may recover from you any collection costs, legal fees or other costs incurred by us relating to late payment or non-payment (including dishonored payment) of our invoices. If you have difficulty paying an invoice, you should contact us to make a suitable payment arrangement, otherwise the amount will be treated as being overdue, and your Electricity, gas or both supply may be disconnected in accordance with clause 9 below.
If you dispute the accuracy of an invoice, you must notify us of the dispute, and the amount in dispute, before the due date for payment. The only disputes to which this clause applies are disputes as to accuracy. Undisputed amounts must still be paid by the due date, but you may withhold the disputed amount until the dispute is resolved in accordance with clause 15 below. If the withheld amount is found to be payable by you, we will invoice you for that amount and payment of that amount is due within 10 days of the date of invoice. If you have paid a disputed amount and it is found that we have made an error and charged you an incorrect higher amount, we will refund the difference between the incorrect and correct amounts by crediting your electricity, gas or both account.
If, for any reason, we make an error in calculating the amount owing and charge or have charged you an incorrect amount:
(a) if we have overcharged you, on becoming aware of the error, we will promptly credit your Electricity, gas or both account with the difference between the incorrect and the correct amounts.
(b) if we have undercharged you, you must pay us the difference between the incorrect and the correct amount within 10 days of our advising you of the correct amount payable. If the undercharging has continued for a period of three months or more, we will only recover the undercharged amounts from the last three months prior to the discovery of the error unless you have contributed to the error or could have reasonably been expected to have known of the error (in which case we will recover the entire undercharged amounts).
We may apply a prompt payment discount if payment of the full amount shown on the invoice is received by us on or before the discount expiry date shown on that invoice.
We may require you to use, or you may (subject to availability) elect to receive, our pre-payment service in respect of Electricity, gas or both and associated services to be supplied so that you will receive only the amount of Electricity, gas or both and associated services for which you have already paid. If we provide you with our pre-payment service, the supply of Electricity, gas or both and associated services may be stopped if payments are not made by the due date or are dishonoured. If we require you to use our pre-payment service because there are overdue amounts owed to us by you, we may apply up to one half of each pre-payment amount toward payment of that debt and the balance of each pre-payment amount as pre-payment for Electricity, gas or both and associated services to be supplied until the debt is paid in full.
If you hold more than one electricity, gas or both account with us and you close one such account, we may transfer any balance outstanding in respect of the account being closed into any account which remains open. The amount transferred must be paid by you in accordance with the payment terms of the account under which it was incurred, but a default in payment may be treated by us as a default under this Agreement.
We may at any time require you to pay a bond or bonds as security for payment for electricity, gas or both and other associated services supplied or to be supplied. If we require you to pay a bond we will explain the reasons why this is required to you. We may use the bond or bonds to recover any amount overdue or otherwise owed to us by you.
If we require a bond or bonds, we will invoice you for the amount of the bond and you must pay the bond in accordance with the payment provisions contained in clause 5.
We will hold the bond or bonds until termination with us or provided your invoices have been paid in full by the relevant due dates for a continuous 12 month period. We will refund any bond to you either by crediting your electricity, gas or both account or sending you a cheque. If we keep a bond for longer than 12 months, we will explain the reasons why.
We and others (including the Distribution Company) need free (i.e. at no charge whatsoever), unobstructed and safe access to:
a) Each property and any land over which you have an easement or right to pass electricity or related equipment.
b) metering equipment.
c) any equipment used to supply electricity.
and the Distribution Company (and any agent or subcontractor of it) also needs reasonable use of facilities and amenities available to you and ordinarily used in association with its equipment on your premises, so that we can supply electricity to you and for associated safety purposes.
Without limiting the generality of clause 7.1, we need and you must:
a) provide us, the Distribution Company and meter owner (and any agent or subcontractor of any of us) with immediate access at any time to restore electricity during an interruption in your area, to ensure safety, or to protect or prevent damage to people, property or the environment.
b) during business hours (9am to 6pm Monday to Friday, 9am to 4pm Saturdays), allow us, the Distribution Company and meter owner (and any agent or subcontractor of any of us) access to each property (including to meters and other equipment that may be inside) to:
(i) connect, suspend or disconnect your electricity supply.
(ii) read meters or any other equipment necessary to provide electricity.
(iii) ensure that trees, vegetation, buildings and other obstacles are clear of electricity lines or electrical equipment. If you do not do this you may be charged for the cost of clearing the trees, vegetation or obstacles.
(iv) install, test, inspect, work on, operate, replace or remove any equipment necessary to provide electricity or that is owned by any of them.
(v) investigate or repair any damage or interference or suspected damage or interference with the distribution (including the quality of supply) or any equipment used to supply electricity.
(vi) for any purpose related to the supply of electricity or otherwise required under either our or your agreement with the Distribution Company.
You must also allow clear and safe access to a property if we or a Distribution Company or meter owner need to install or maintain equipment for load control.
If you do not provide clear and safe access, we or the Distribution Company may disconnect your electricity supply and you may be charged for any occurrence during the procedure.
a) make sure nothing (including any person, material or device) on any property interferes with electricity or damages the distribution network.
b) ensure the safety, security and maintenance of any electricity lines, fittings and equipment used on each property.
c) ensure the safety, security and maintenance of any electricity lines and equipment past a distribution connection point to any dwelling or premises on a property.
d) keep trees, vegetation and other obstacles away from meters and the electricity lines - this includes things overhanging from neighbouring premises.
e) provide and maintain sufficient suitable secure space at each property for the safe and secure housing of metering equipment and other equipment we or the Distribution Company think is necessary to supply electricity to you.
f) make sure that other people at a property comply with your obligations under this contract, and in particular this clause 8.
You must notify us or the relevant Distribution Company immediately if there is any damage to or fault with meters or equipment.
You must not, and must not permit any other person to:
a) connect or disconnect a property or any equipment to a distribution network, or interconnect two (2) or more network connection points (these are the points at which a property connects to an isolating device on the distribution network).
b) interfere with or work on the distribution network or a Distribution Company's electricity lines, fittings or equipment, except to the extent that action has to be taken to protect the health and safety of persons or to prevent damage to property, and where such action is taken, you will inform us as soon as reasonably practicable.
c) take a supply of electricity from anywhere along the electricity lines between a distribution connection point and the meter.
d) interfere with any meter or other equipment used to supply you electricity.
e) generate electricity, inject or attempt to inject it into a distribution network.
f) use (or attempt to use) a distribution network to send or receive any signal, communication or any other thing.
Meters, meter reading equipment, and other equipment that we, a Distribution Company or metering company own does not belong to you, but to the party responsible for supplying it. You must never:
a) interfere with or remove a meter or meter reading equipment.
b) interfere with any other equipment supplied by us or a Distribution Company.
c) allow any mortgage, security interest or other charge to be created over a meter or other equipment that we, a distribution or metering company own, or otherwise interfere with ownership of any of them.
You are responsible for payment for all electricity supplied to each property up until:
a) the date you or we terminate this contract; or
b) the later of:
(i) the date you move out of that property; or
(ii) the date you notify us you have moved out.
You may terminate this contract at any time provided you have paid for all electricity supplied to your properties and any other charges you owe us. You will need to contact us or a new retailer to arrange for the future supply of electricity to a property if you need it.
If you are vacating any property, you must tell us five (5) business days in advance.
If you want the electricity supply to a property suspended temporarily or permanently, you must tell us five (5) business days in advance. You may incur a charge for disconnection or reconnection when you ask us to do either of these things, or if we have had to disconnect for any of the reasons in clause 9.5.
We or a Distribution Company may disconnect your electricity supply to any property supplied under this contract if you:
a) do not pay us for electricity that has been supplied to a property or for charges relating to the supply of electricity to a property (such as for services relating to metering or line charges).
b) breach any other term of this agreement.
c) move into a property that we supply electricity to and you do not tell us.
We will endeavour to tell you at least seven (7) days before we disconnect supply of electricity to a property, and we will give you a final warning at least twenty-four (24) hours, but not more than seven (7) days, before we intend to disconnect supply of electricity to that property. If you miss or do not receive a notice we will still proceed.
If you are a residential customer and if you tell us that you or someone at a property is dependent on electricity supply for critical medical support and provide sufficient proof of that when we ask, we will not disconnect electricity supply to that property for non-payment.
You agree that we or a Distribution Company may disconnect or disrupt your electricity supply for any reason set out in this agreement (such agreement being consent to disconnection by the Distribution Company for the purpose of section 105 of the Electricity Industry Act 2010) including:
a) without notice for safety reasons or where there is an emergency.
b) where there has been an occurrence or circumstances that may adversely affect the proper working of the distribution network or the transmission system.
c) where either of us are denied access to your property.
d) we are in default under our contract with the Distribution Company, that contract is terminated or a right to terminate has arisen under that contract; or
e) the Distribution Company otherwise requires the supply to be disconnected including pursuant to your agreement or our agreement with them.
We may terminate this contract at any time by giving you thirty (30) days notice. You shall remain liable for payment for all electricity supplied up to the date that termination takes effect. If we do this you will need to contact a new retailer to arrange for the future supply of electricity to your properties.
You must comply with any agreement you have directly with a Distribution Company. If you do not have a contract directly with a Distribution Company, we have arrangements with the relevant Distribution Company, but you are required to comply with the obligations in this clause 10.
You must also comply with the Distribution Company's network connection standards that apply to a property; you can obtain a copy of these from the relevant Distribution Company.
You must follow any instructions given to you by a Distribution Company to make sure its electricity lines or equipment on your premises is safe.
Part of your electricity supply may be on load control devices. If a property does have load control devices, we or the Distribution Company may control their operation as we or others choose.
A Distribution Company may interrupt your electricity supply if:
a) the Distribution Company wishes to inspect or effect alterations, maintenance, repairs or additions to any part of the network.
b) there is an occurrence or circumstance which may endanger persons or property.
c) there is an occurrence or circumstance that may adversely affect the proper working of any electricity network or transmission system.
d) it reasonably anticipates that the supply of electricity or transmission capacity to any point of connection is or will be reduced, impaired or interrupted.
e) required to protect the network, equipment, people or property.
f) requested or required by or on behalf any relevant regulatory authority, Transpower, any other owner or operator of the distribution or transmission network, the national grid or any other person responsible for the security of supply of electricity.
g) necessary to preserve supply generally, including for emergency or load management purposes.
h) interruption or reduction of supply is required for any other purpose in the Distribution Company's reasonable opinion and in accordance with good industry practice.
We do not own the lines network through which electricity is supplied to you. The Distribution Company owns, operates and maintains the lines and related equipment and no provision of this contract confers any right or interest on you or us in or to any part of the lines network or equipment owned or controlled by the Distribution Company.
When you become a customer, and throughout our supply of electricity under this contract, we will collect and hold personal information about you. You must make sure the information you give us is correct and you must always keep it up to date.
You and any guarantor/s (if separate to the Customer) authorise us to:
(a) collect, retain and use any information about you and/or the guarantor/s, for the purpose of assessing your and/or the guarantors creditworthiness, or marketing products and services to you and/or the guarantor/s; and
(b) disclose information about you and/or the guarantor/s, whether collected by us from you and/or the guarantor/s directly or obtained by us from any other source, to any:
(i) other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by you and/or the guarantor/s; or
(ii) Distribution Company, which it may use for any purpose associated with its energy distribution business. Some examples of when we may do this are if the information is to help supply electricity or to distribute money on their behalf.
Where you and/or the guarantor/s are an individual the authorities under thus clause are authorities or consents for the purposes of the Privacy Act 1993.
In accordance with the Privacy Act 1993 you and/or the guarantor/s shall have the right to request us for a copy of all the information about you and/or guarantor/s retained by us and the right to request us to correct any incorrect information about you and/or the guarantor/s held by us.
Except as allowed under clause 11.2 we will not share you're or the guarantor/s personal information except where:
(a) you agree that we may do so.
(b) we reasonably believe we are required to do so by law.
(c) we need to do so to supply electricity to you or it is a matter covered by this contract.
(d) you are switching to another electricity retailer.
(e) it is absolutely necessary to assist any third party to resolve a complaint you make about us
(f) the information is being released to a person who is living at the property to which we are supplying electricity and they are named on the account for that property.
If we damage a property by not taking reasonable care, and that damage was reasonably foreseeable we will pay the costs of repairing the damage or replacing damaged property (at our discretion) up to a maximum of ten thousand dollars ($10K) for any single event or series of closely related events.
We will never be liable to you for any indirect or consequential loss, or loss of profits or business or any similar claims.
If for any reason we are found to be liable to you, our total maximum liability under this agreement is still limited to ten thousand dollars ($10K) for any single event or series of related events.
We are not required to carry out our responsibilities under this agreement in circumstances where an event has occurred which is beyond our reasonable control and which prevents or delays us from carrying out those responsibilities. Some examples of some events that are likely to be beyond our reasonable control are that:
a) when our website is unavailable.
b) we have been unable to secure wholesale electricity to supply to a property,
c) our arrangements with a Distribution Company have been terminated; or
d) a Distribution Company cannot supply electricity to a property (for example, the network or grid they use to supply electricity to that property is unavailable).
If any of our responsibilities under this agreement are interrupted because of an event beyond our reasonable control, we will continue to perform our responsibilities that are not affected by the event and we will do everything we reasonably can to make sure your electricity supply is returned to normal as soon as is reasonably practicable. We are not responsible for any damage that results from electricity supply fluctuations.
If you suffer a loss or damage because of something the Distribution Company does or does not do, you can only claim from us what we can recover from the Distribution Company, and that is applicable to you.
Each Distribution Company has excluded or limited its liability to you and to us. Unless the agreement we have with a Distribution Company provides otherwise, all liability any Distribution Company may have to you is excluded, as much as the law allows.
If you damage Distribution Company equipment or distribution, you may be liable for any damage you cause. If a Distribution Company suffers direct loss or damage which is caused or contributed to by your fraud, dishonesty, or wilful misconduct, you will be liable to make good that loss or damage.
If you damage any of our property or equipment or any meters or associated equipment we may require you to pay the cost of repair or replacement of them.
The exclusion or limitation of liability in clauses 12.5 and 12.6 and the benefit of clause 12.7 is enforceable against you by each Distribution Company under the Contracts (Privity) Act 1982.
Nothing in this contract affects your rights under the Consumer Guarantees Act (which applies in addition to your rights under this contract), unless you are receiving electricity and services from us or the Distribution Company for use in a business in which case the provisions contained in that Act are non-applicable.
Despite anything to the contrary contained herein or any other rights which MegaEnergy may have howsoever:
a) where the Customer and/or the guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Customer and/or the guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to MegaEnergy or MegaEnergy's nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Customer and/or the guarantor acknowledge and agree that MegaEnergy (or the MegaEnergy's nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.
b) should MegaEnergy elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer and/or guarantor shall indemnify MegaEnergy from and against all MegaEnergy's costs and disbursements including legal costs on a solicitor and own client basis.
c) the Customer and/or the guarantor (if any) agree to irrevocably nominate constitute and appoint MegaEnergy or MegaEnergy's nominee as the Customer's and/or guarantor's true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 13.1.
You must not transfer any of your rights and obligations under this agreement to any other person without our prior written consent
We can change this contract at any time, provided we give you at least thirty (30) days notice in advance by emailing you directly and by advertising on our website. We can change or update our refunds policy and our schedule of fees for products and services associated with electricity supply at any time by updating them on our website. The change applies from when we update our website. If, for any reason, you do not receive notice of any change, our contract with you will still change.
You agree that you will immediately notify us of any change in your personal or contact details (i.e. name, address, fax number, email address etc) including, where you are a business Customer, any proposed change of ownership, business name or business practice. You shall be liable for any loss incurred by us as a direct result of your failure to comply with this clause.
We can send notices to you to the email address you have provided us. Notices are deemed received the day after they are sent. As per clause 14.3 always make sure we have your current email address.
You must always comply with laws, regulations and codes that are applicable to the supply of electricity to a property.
The provisions of clauses 3.4, 7, 8, 9 and 10 that allow a Distribution Company to interrupt electricity supply, oblige you to give access to and look after Distribution Company equipment and lines and cooperate with each Distribution Company and any other clause which confers rights or benefits on the Distribution Company are intended for the benefit of and are enforceable against you by each Distribution Company under the Contracts (Privacy) Act 1982.
Any clauses that are intended to have effect after termination continue to have effect. This includes clauses 5, 6, 10, 11, 12 and this clause 14.7.
References to "an individual" means to a natural person.
"Including" and similar terms do not imply any limitation.
References to something in the singular includes the plural and vice versa.
References to:
a) us, we or MegaEnergy.
b) a Distribution Company.
c) a meter owner.
d) you, your, or Customer.
Shall where applicable and in each case include its subsidiaries, directors, officers, employees, contractors and authorised agents and professional advisors.
If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
This agreement shall be governed by the laws of New Zealand and is subject to the jurisdiction of the courts of New Zealand.
The failure by us to enforce any provision of these terms and conditions shall not be treated as a waiver by us of that provision, nor shall it affect our right to subsequently enforce that provision.
Where there is a dispute/complaint regarding your account you must immediately notify us in writing in order that we shall have an opportunity to resolve the same. You shall not be entitled to withhold payment merely because of the dispute/complaint and shall pay the account in accordance with the terms of this agreement. Where it is agreed that an error has been made and that we owe you any monies then we shall reimburse you within seven (7) days of resolving the dispute/complaint.
Where either you or us has any form of non-account related dispute/complaint relating to this agreement then the party with the dispute must immediately notify the other party in writing detailing the nature of the dispute/complaint. Upon receipt of such notification both parties shall confer (at least once), in order to attempt to resolve the dispute/complaint (any such conference is to take place as soon as can be reasonably arranged between the parties and each party is to be represented by a person having authority to agree to a resolution of the dispute/complaint).
Where a dispute/complaint under either clause 15.1 or 15.2 cannot be adequately resolved between you and us then the dispute/complaint may be referred to either the Electricity & Gas Complaints Commission or the Disputes Tribunal for resolution. Notwithstanding that such process shall not prejudice either parties right to seek remedy through the NZ judicial system.
"us, we, our, MegaEnergy" means Total Consumer Services Limited T/a MegaEnergy
"you, your, Customer" means the person or persons who enter into this agreement as specified in MegaEnergy's Credit Account Application form.
"Distribution Company (Companies)" means a Distribution Company which is the owner of the electricity distribution network that connects to a property.
"guarantor" means any person who agrees to be liable for the debts of the Customer on a principal debtor basis.
"property" means an address to which we supply electricity (including land and buildings at that address).
Unit C, 1 Antares Place Albany North Shore City NZ
Phone: 09 912 1200 or 0800 634 283 (Outside Auckland)
Fax: 09 921 0049 E-mail: webmaster@megatel.co.nz