Electric Kiwi has no contract period, you're free to leave at any time.
1. Start date of this Agreement
This Agreement applies from when you ask us to start supplying electricity to any property or properties, and we agree to that supply.
If you move into a property which we already supply electricity to, and we have not already agreed to supply electricity to you at that property, then you must pay for the electricity you use at that property from the time you move in unless another date has been agreed between us. This Agreement will apply from the date you move into the property. You agree to supply us with sufficient evidence to demonstrate the date you moved into the property.
If electricity is not supplied at the commencement of this Agreement, we will endeavour to commence supply as soon as reasonably practical, subject to any requirements set out in this Agreement.
2. We may change this Agreement
We may change these terms and conditions at any time. We will notify you of these upcoming changes on your next invoice (including a link to the updated version of these terms and conditions). Any changes to these terms and conditions will take effect from the first calendar day of the month following the date of such invoice notifying you of the changes. From that date the updated terms and conditions will be made publicly available on our website at www.electrickiwi.co.nz
3. Your responsibilities
- To make all payments to us on time.
- To give us correct information.
- To tell us if you plan to significantly increase your electricity use.
- To tell us if you plan to generate your own electricity and inject it back into the network.
- Not to tamper or interfere with any of our equipment or allow anyone else on your property to do so.
- To use electricity safely.
- Never to interfere with anyone else's electricity supply.
- Never to let electricity supplied to your property be used at any other address.
- If we require, to allow our meter readers to enter your property, to read the meter, at any time during normal working hours or at any other time arranged with you.
- To tell us or the network company immediately if you notice any damage to or fault with the equipment.
- To allow our Representatives to enter your property to inspect, repair, install, replace, test or remove any equipment, at any time arranged for such purpose (or if there is an emergency as soon as the Representative can be there).
- To have sufficient insurance for damage that may result from fluctuations in frequency, voltage and problems with the electricity supply.
You remain responsible for ensuring that any meter not provided by us or our Representatives meets the requirements of the Code and other Industry Codes and Standards. Your obligations are set by the Electricity Authority and can be found at www.ea.govt.nz, and these are incorporated by reference into this Agreement.
Tampering with or bypassing metering equipment is dangerous. Theft of energy is a criminal offence. It is your responsibility to take all reasonable steps to make sure no one tampers or interferes with the metering equipment or interferes with any smart meter in a way that prevents or restricts us from communicating with the device or recording metering data.
You must immediately let us know if you:
- have reason to suspect the metering equipment has been tampered with or is faulty, or
- become aware that there may be a problem with the metering equipment (for example, if your invoice is unusually low or the meter appears to have stopped).
If the event of any of those situations, we may:
- require you to pay for any costs or losses we incur investigating the interference or replacing or repairing damaged metering equipment, and/or
- disconnect, restrict, limit or suspend the supply of energy to you in the manner described in clause 11.1, and/or
- take legal action against you.
4. Our responsibilities
We agree to:
- Supply you with electricity in accordance with this Agreement.
- Supply you with a safe and reliable service (but with no guarantee of an uninterrupted supply).
- Provide as much online (email and Live Chat) assistance as we reasonably can to help you resolve any questions or complaints which you may have, about your account with us, or about our service.
- Provide you with 24 hour access to regularly updated information about a supply interruption, in accordance with good industry practice in New Zealand.
- Comply at all times with the Electricity Act 1992, the Code, other Industry Codes and Standards and any relevant laws.
- Supply electricity in accordance with good industry practice in New Zealand.
We will use our Representatives to:
- Deliver the electricity to your property through the power lines that connect your property to the electricity network. We will arrange this with the network company relevant to your property, unless you have a contract with the network company directly in which instance this will be arranged by them rather than us.
- Measure the amount of electricity that we supply to you. We will arrange for a metering equipment provider to confirm that a smart meter is installed at your property that can measure your consumption and remotely communicate this back to us.
Your property will have a connection point to the power lines. Usually this connection point will be on a power pole outside the boundary of your property. You can find out the exact location by asking the network company. Your network company will be identified on your invoice.
If you are receiving electricity and services for the purposes of a business, you agree that the Consumer Guarantees Act 1993 will not apply to this Agreement. In all other cases, except to the extent we are legally entitled, nothing in this Agreement will limit your rights against us under the Consumer Guarantees Act 1993.
5. Things that can prevent us from providing our services to you
We are not required to perform our responsibilities to you if an event has occurred which is beyond our reasonable control and which prevents or delays us from carrying out those responsibilities.
Some examples where your electricity supply (or the supply to controlled appliances such as hot water cylinders) may be interrupted or reduced, or any meter temporarily disconnected are:
- for maintenance or testing of, or for repairs or alterations to, Equipment or the electricity network;
- for emergency or load management reasons (in which case interruption may occur without prior notice);
- in accordance with your pricing plan with us;
- for health and safety reasons, or to avoid danger to persons or damage to property;
- if something happens that may adversely affect the proper functioning of the electricity network;
- to upgrade or protect your or another person's electricity supply, or to connect another person to the electricity network;
- by, or on the instructions of, the network company or Transpower;
- on the instructions of the Electricity Authority or other regulatory authority; or
- for any Force Majeure event or other reason beyond our reasonable control or the reasonable control of the network company.
There are instances where network companies will need to do work on their networks which may have an effect on the supply of electricity to you. Some examples of when this could happen include where:
- the network operator considers your electricity or gas installation to be unsafe or disconnection is necessary to avoid endangering any person or premises
- circumstances exist or events occur that may adversely affect the proper working of the network or transmission system;
- our agreement with the network operator is affected by default or insolvency or is terminated for any reason, or
- an event occurs affecting energy supply or transmission where we need to reduce supply and you don't stop taking energy from the network when we ask you to.
We will give you at least four business days' notice of any planned interruption that we are notified of unless we agree otherwise with you in advance, or if the work is urgent. If the work is urgent, they will give us as much notice as they can and we will pass this notice on to you as soon as we reasonably can. If they notify you directly, we will not give you additional notice.
If your supply is interrupted for any reason (other than your default) we will restore your electricity supply as soon as reasonably practicable.
You acknowledge that:
- surges and spikes are momentary fluctuations in voltage or frequency (and are not treated as interruptions) and may cause damage to any sensitive equipment on your property. We strongly recommend you take appropriate steps to protect any sensitive equipment on your property from surges and spikes such as installing surge protection devices for sensitive appliances and taking out insurance against surges, spikes and other fluctuations or interruptions in electricity supply. See the precaution section on our website for more information about protecting your electrical equipment.
- the network company cannot guarantee that the supply of electricity to your property will be free from defects or interruptions; and
- we are not responsible for any damage that results from electricity supply fluctuation.
If we receive compensation from a network company, Transpower or another third party for losses that result from an interruption to electricity supply, we will pass on an appropriate portion of that compensation to you. We will explain how that amount of compensation paid to you has been calculated, if you ask us to.
6. Our prices
We will charge you for energy supply and any other services we provide to you at each property in accordance with the charges set out in your pricing plan. These charges may change from time to time. Our electricity charges for the electricity you have used will be calculated in accordance with the processes described in clause 7.
A list of our charges is set out at our website under Service Fees
Changes to your pricing plan will be effective 30 days after we have notified you of those changes. We will notify you of the change by letter, email or text message. The notice will include information about the reasons for any increase or decrease in the price of electricity (or other fees or charges) noted in your pricing plan. Charges during the period between the effective date of change to your pricing plan and your next invoice date will be calculated on a pro-rata basis.
Your current pricing plan and our associated standard rates can be accessed via the Electric Kiwi customer account section of our website. If circumstances arise where you may incur a fee or charge (e.g. a disconnection and/or reconnection fee) we will give you reasonable notice of what that fee or charge is and whether there are ways you can avoid that fee or charge.
7. How we determine how much electricity we supply to your property
We will remotely read the meter on your property on a daily basis or, if we have not read or are unable to read the meter for any reason, or some or all usage data is missing from our attempts to read the meter, we may estimate the amount of electricity supplied to your property until such time as the meter can be remotely or physically read.
We may also send a Representative to physically read the meter or ask you to read the meter for us. If we need to estimate any usage data we will do so in accordance with clause 7.6. If you are required to pay an estimated amount, we will give you the option of taking an actual reading of your meter.
We are unable to supply electricity to you as a customer if you have (or come to have) any unmetered supply connected to your property. If you are already a customer of ours and you introduce an unmetered supply to your property, or are found to have unmetered supply to your property, you will be immediately required to choose another retailer to supply you with electricity in accordance with clause 11.6 (and we can then end this Agreement).
It is important that you tell us if you think the meter isn't correctly recording the amount of electricity that you are supplied. If you ask us to test the 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 accordingly. If you ask us to test the meter, and it is found to be accurate, we may charge you for testing the meter (see Service Fees for a list of our charges).
Your meter is a smart meter. This means it has been designed to remotely communicate your electricity consumption information to us on a daily basis. This information is crucial to our ability to service you as our customer. To remotely communicate, the meter requires sufficient cellular signal strength (GPRS) or radio frequency so it can connect to the central database. If the meter has or comes to have insufficient signal strength that does not resolve itself within 5 calendar days:
- we will contact you to discuss possible causes;
- we or our Representatives may visit your property to determine the cause of the communication issue. If we find that you have contributed in any way to the reduction in signal strength then you will be charged for this site visit, and any subsequent visits required to attempt to resolve this issue;
- any site visit does not guarantee resolution. If we are unable to reasonably resolve this communication issue we will be unable to continue to service you as a customer. This means you will be required to switch to another retailer to supply you with electricity in accordance with clause 11.6 and we will notify you of this requirement along with details of where you can access information about that other retailer; and
- if you were to initiate a switch to another retailer, this will not absolve you of your responsibilities under clause 3.
- the meter at your property has incorrectly measured the amount of electricity used; or
- we do not have complete or correct records of your electricity usage; or
- our Representatives have incorrectly read the meter; or
- we can't access the meter (including remotely) for a long period of time even though you met your access obligations under clause 15,
we will estimate what the actual electricity usage at your property should have been. Where we can reasonably do so, we will update any estimated usage data with actual usage data, or if we are unable to retrieve actual data, we will finalise our estimate after validating it against the meter. If you provide us with a valid actual meter reading in accordance with clause 7.2, we will amend our estimate data. Finalised estimate data will then be treated as if it were actual data. If an adjustment is required, we will then invoice you for the final amount for any differences in calculated charges. We will act reasonably and will take into account whether either of us contributed to the error or could reasonably have been expected to know of it. Any credits to your nominated account will be promptly made.
In the case of any other error that results in an incorrect amount being charged to you, as soon as reasonably practicable after becoming aware of such error, we will notify you and, if the error was made by us, promptly credit your nominated account for any amount that you have been overcharged, or (after taking into account whether you or Electric Kiwi contributed to the error or could reasonably be expected to know of the error), invoice you for any amount that you have been undercharged.
If you request it, we will provide you with a simple explanation of how our estimates are calculated.
If you dispute our estimate, or reconciliation, you should let us know (by emailing us at email@example.com) prior to your next invoice date. Failure to do so will result in us debiting the calculated charge for this electricity from your nominated account.
All meter readings, tests and associated processes will be done in accordance with Industry Codes and Standards and will take place at least every four months.
8. Billing and payment
You agree to pay for all of the electricity we supply to each property (including where some or all of that is estimated by us) and any other charges for the provision of our services to you under this Agreement, from your nominated account (being a New Zealand bank account or credit card that you nominate during signing up to become an Electric Kiwi customer) at the prices set out in the pricing plan and otherwise in accordance with this Agreement. You agree to do so until all of your payment obligations have been met or this Agreement is validly terminated.
We issue invoices covering your electricity expenditure for the relevant period. Invoices will be sent to your email address and be accessible via the Electric Kiwi customer portal. You must ensure the email address you have supplied us with is correct and kept up to date. You may be notified via text message that your invoice has been sent. Your invoice will set out the due date for payment, which will be no less than 2 business days from the date of your invoice.
The invoice will separately itemise:
- your identifier number(s) of all installation control points at the property;
- the quantity and cost of the electricity supplied (or estimated to have been supplied). If we are relying on estimated usage data we will record that on the invoice;
- any relevant fees and charges;
- the name of your network company (if there are charges on your invoice for network company services); and
- other products or services supplied to you.
At any time between the invoice date and your payment date, you will have the option to pay your invoice from your nominated account provided we have agreed this with you.
If we have not otherwise received payment from you by the payment date, payments will be debited from your nominated account at that time. If you opt to pay us by credit card, you will also pay a surcharge of 1.5% on the total amount invoiced.
If you do not pay for any amount you are responsible for and which is due under this Agreement, or if payment from your nominated account is dishonoured, cancelled or refused, you agree that:
- We can:
- charge you our costs in collecting the amount you owe us, including bank fees, credit agency fees, legal and court fees; and
- disconnect the electricity supply to any property supplied under this Agreement (unless you are a vulnerable customer as described in clause 12 in which event the provisions of clause 13 will apply). If this happens, you may be charged fees for disconnection, reconnection and debt collection.
- Electric Kiwi and any other debt recovery agency involved in the collection process may charge you its costs in collecting the amount you owe.
Provided that we will not disconnect your electricity for non-payment where that non-payment is in respect of an estimated amount, unless we believe acting reasonably that it is fair and reasonable in the circumstances for us to do so.
You agree to:
- always make full payment to us without deducting any amounts from the amount you owe us;
- authorise us to debit your nominated account for amounts you owe us; and
- ensure your nominated account is up to date and has sufficient clear and accessible funds to cover all payments due to us at the time for payment.
If we send your invoice more than two months after the period to which it relates, you have at least 31 days to pay it. If we send your invoice more than three months after the period to which it relates we will negotiate an appropriate discount with you. You will not be liable to pay any interest on an invoice that is incorrect or which we are late in sending you.
You may change your payment method using the Electric Kiwi customer portal. You must make the change at least 24 hours before a scheduled payment otherwise the change may not occur.
Electric Kiwi does not offer alternative payment mechanisms (other than as expressly set out in clause 13.2). We will provide you with details of electricity providers who offer a pre-pay option if you request this from us.
9. Initial payment
At the time your switch to us is finalised and you become an Electric Kiwi customer, you authorise us to make a one-off debit of $4.99 ("Deposit") within 5 days from your nominated account for our security and verification purposes. This Deposit will be credited against your first invoice and is non-refundable.
If you change your payment method and/or information at any time while you are an Electric Kiwi customer, you authorise us to make a one-off debit of $4.99 ("Deposit") within 5 days from your nominated account for our security and verification purposes. This Deposit will be credited against your next invoice.
If payment of the Deposit is not cleared by your bank or if we have any other difficulties verifying your nominated account we or one of our collection Representatives will contact you so that the payment can be processed. That Representative may require you to re-verify your accounts details. If such Representative is unable to contact you or your payment remains unable to be processed within 5 business days of the initial failure, you will not be able to become an Electric Kiwi customer at that time. You can then choose to re-apply to be a customer of Electric Kiwi if you wish to.
10. Controlled Load and Uncontrolled Load Customers
Your pricing plan will be based on our evaluation of what best suits your meter configuration (the default position will usually be the existing configuration at your property).
If your meter supports it, following being accepted as an Electric Kiwi customer you may contact us to request to switch between being a Controlled Load customer and an Uncontrolled Load customer.
11. Ending or suspending our obligation to supply electricity to youOur rights to disconnect your supply
We, our Representatives or the network company may disconnect the electricity supplied to your property and we may end this Agreement (unless you are a vulnerable customer in which event the provisions of clause 13 will apply) if any of the following occur, and are not the subject of a dispute resolution procedure:
- You do not pay any amounts owed to us by the due date for payment and you are not disputing the unpaid amount using our dispute resolution process (as described in clause 20).
- You do not meet your obligations under a material term or repeatedly do not meet your obligations under any other term of this Agreement and the relevant matter is not being dealt with under our dispute resolution process. Before disconnecting you, we will give you the chance to meet your obligations (if it is possible to do so) and we will tell you how to do that.
- You move into a property that we supply electricity to and you do not tell us.
- You have removed or tampered with the transmitting function from your smart meter, or you take advantage of metering equipment that is inaccurate or not operating correctly, or you cause or allow someone else to cause any other loss or damage to us, the network operator or meter owner.
- You ask to have your supply disconnected, either permanently, or temporarily for safety reasons. If that is the case we will disconnect the electricity supply as soon as reasonably practicable and when it is safe to do so.
- The network company requires us to disconnect the supply under any agreement with them or our agreement with the network company comes to an end.
If we intend to disconnect the electricity supply to your property for non-payment we will tell you at least 7 business days before we disconnect the electricity supply we will do this by sending an email or letter to the email address or physical address we hold for you. We will give you a final warning at least 24 hours before we intend to disconnect you. Each notice will include information about the timeframe within which disconnection will take place and what you need to do to stop disconnection. We will only disconnect you on a business day that is not a Friday or the day before a public holiday.
If the network company disconnects your electricity supply to your property under this Agreement for any reason, we may require you to reimburse us for any fees charged by the network company to us under any agreement with the network company for the disconnection and any subsequent reconnection.
We have the right to refuse to reconnect the electricity supply to your property if we have disconnected it for any of the reasons referred to in this Agreement. However, if we have disconnected your electricity supply for non-payment and you satisfy our reasonable requirements for reconnection we will restore your electricity as soon as reasonably practicable. If we agree to reconnect your electricity supply this will be confirmed in writing (by email or otherwise) or by telephone.
If you want us to stop supplying electricity to your property, you must give us at least 48 hours' notice. We will stop supplying electricity to your property as soon as reasonably practicable after you give us notice. The cost for electricity supplied to your property up to the date we disconnect you and the fee for conducting a final actual meter reading (if applicable) will be included in your next invoice. A list of our charges is set out at our website under Service Fees
If you have applied to switch to another electricity supplier, that supplier will advise us so that we can undertake the switch process together. You will remain our customer until the switch process is completed. You will need to pay us for all electricity supplied to your property and any other charges incurred before the switch process is completed.
If you intend to move out of your property, you need to tell us at least 48 hours in advance and provide us with your new address. The cost for electricity supplied to your property up to the date we disconnect you and the fee for conducting a final actual meter reading (if applicable) will be included in your next invoice. A list of our charges is set out at our website under Service Fees
If you do tell us of your intention to move out of your property under clause 11.7, you will remain liable for all electricity and other associated services supplied to your property until either:
- you notify us that you have moved (and you agree to supply us with sufficient evidence to demonstrate the date that you moved) or
- the person who has moved into your property tells us that they have become our customer or the customer of another retailer for supply of electricity to that property.
We may be able to supply electricity to your new address if it is within our coverage area. If you wish us to supply electricity to your new address, please give us as much notice as possible, in any event at least 48 hours' notice. We will need to undertake the switch process together with the previous electricity supplier to the new address. It could take up to ten working days from you notifying us of your move for the switch process to be completed. If we agree to supply electricity to your new address, your account with us will cover the supply of electricity and other associated services at your new address and all outstanding charges carried over from your former address.
If we commit a relevant event of default as defined under the Code:
- The Electricity Authority can require us to provide information about you to them and can:
- transfer that information and all or any part of our rights and responsibilities under this Agreement to another electricity retailer; and
- amend this Agreement to be consistent with, or more favourable than, the standard contract that the new retailer would normally have offered you immediately before we committed the event of default; and
- amend this Agreement to include a minimum term, so that you must stay supplied by the new retailer for that term unless you pay a cancellation fee.
- If we already have an agreement in place with another electricity retailer, we may perform the requirements in clause 11.10(a) to expedite the transfer process to that retailer and ensure the continued supply of electricity to your property.
12. Are you a vulnerable customer?
You are a vulnerable customer if you (or someone else who lives at your property):
- Have health issues that mean there is a real and genuine threat to your health or wellbeing due to age, health or disability;
- Rely on medical equipment due to a critical medical condition and that equipment relies on the supply of electricity to keep it operating properly;
- Are financially vulnerable meaning that you experience temporary or permanent financial hardship that makes it genuinely difficult for you to pay for the electricity we supply to your property.
You must tell us if you believe you are a vulnerable customer.
It is our decision whether we require verification of this status by a suitably qualified third party (such as a doctor).
If you are a vulnerable customer we may require you to re-verify that status from time to time. Re-verification may be required:
- when we would have ordinarily disconnected your electricity supply if you were not a vulnerable customer; or
- for any other reason, but no more frequently than once every 12 months.
You will be required to pay all costs associated with gaining potential vulnerable customer status. However, we will reimburse you for the reasonable costs incurred if the verification or re-verification confirms that you are a vulnerable customer.
13. Specific terms for vulnerable customers
If you are a vulnerable customer, we will not disconnect your electricity supply using the procedure under clause 11 if you have not paid us on time unless there is an immediate safety risk. The procedure in this clause 13 will apply to vulnerable customers instead. However, if you do not deal with us in good faith and engage with us to assist in resolving any problems with payment, we may elect to treat you as a regular customer and apply the disconnection procedure in clause 11.
If you are a vulnerable customer you must provide us with an alternative contact, who agrees to assist you financially if disconnection is pending because you have not paid us on time. Before commencing the disconnection process, we will endeavour to contact your alternative contact and attempt to arrange for them to pay any amounts you owe us.
If we are unable to contact the alternative contact, or if the alternative contact is unable or unwilling to pay the amount owed to us, the following procedure will apply:
- We will take reasonable steps to try to contact you to arrange payment at least 7 days before we plan to disconnect your electricity supply. This may include a letter, telephone call, text message and/or email.
- A final notice will be sent to you at least 24 hours before the planned disconnection.
- If we are unable to contact you or you do not respond to us, we or our Representative will visit your property when we plan to disconnect your electricity supply.
- If we make contact with you, we will consider any factors brought to our attention which may make it reasonable for disconnection to be put on hold. If we do not believe there are sufficient grounds to put disconnection on hold we will disconnect the electricity supply to your property.
- If we cannot make contact with you and no one is home when we or our Representative visits your property, we will disconnect the electricity supply to your property.
If you are a vulnerable customer, you will be required to pay a bond under clause 14 if you refuse any other suitable arrangement that would provide us with credit security, you refuse to allow access to your property, or accessing your property is a health and safety risk.
We may at any time at our sole discretion require a bond from you as security for payment for electricity (and other associated services) supplied or to be supplied to your property. If we notify you that a bond is payable under this Agreement, we will give you reasons why this is required.
The amount of any bond will comply with Industry Codes and Standards but will not exceed $150.
We will hold the bond until it is refunded to you or until it is used to pay any amount overdue or otherwise owing under this Agreement.
We will refund any bond to you when:
- you have paid all your invoices in full and on time for a continuous 12 month period. At the end of the 12 month period we will credit the bond to your electricity account; or
- we stop supplying electricity to you and any outstanding invoices have been paid in full.
We will credit the bond to your electricity account within one month after you have met the criteria in clause 14.4(or to your nominated bank account if you no longer have an electricity account with us).
We do not pay interest on bonds.
Despite clause 14.4(a), sometimes we may have reasons to keep the bond for longer than 12 months. If we need to keep a bond for longer than 12 months, we will explain to you the reasons why.
15. Access to your property
You must provide us, our Representatives, and the network company with safe, unobstructed and easy access to and over your property, including the interior and exterior of any buildings on the property and any land where any equipment is located, when we reasonably require access. This includes ensuring any animal on your property is kept under control and you do not threaten, harass or assault any of our Representatives.
We may need you to provide access to your property:
- to inspect or take readings from the meters or to verify any metering information;
- to install, connect or disconnect, test, inspect, maintain, repair, replace, operate, move or remove meters or other equipment;
- to connect or disconnect your connection point;
- to restore electricity following an unplanned outage;
- to investigate the cause of any interference to electricity supply;
- to protect, or to prevent damage or danger to, people or property;
- to disconnect the electricity supply in accordance with clauses 11 and 13;
- to ensure you are meeting your obligations relating to trees and vegetation under clause 16;
- to install or maintain a load control device under clause 10; and/or
- for any other reason relating to electricity supply or electricity network services provided by us or the network company.
- a list of our charges is set out at our website under Service Fees
Except in an emergency or for routine situations (for example, reading or inspecting a meter on the outside of a building), we or our Representatives will give you notice of when and why we need to access your property in accordance with clause 15.4. We will give you:
- at least 10 business days' notice if we, our Representatives or the network company need to construct, upgrade, repair or maintain any equipment; and
- a reasonable period of notice if we, our Representatives or the network company need to inspect or operate any equipment.
We may provide you notice of any intention to access your property in writing, text message or email. We may also follow up such notice with a telephone call. We reserve the right to record any telephone call we have with you regarding arrangements to access your property.
If we, our Representatives or the network company need to access your property in an emergency situation, you agree that those parties may take reasonable steps to gain access to your property without your permission and without prior notice.
When we or our employees or Representatives access your property we will or will take all reasonable steps to procure in respect of our Representatives:
- take reasonable steps to minimise direct impacts on your property or any inconvenience to you and take into account and comply with your reasonable requirements;
- ensure our employees are courteous, considerate and professional at all times;
- ensure our employees carry identification showing they are our authorised representatives and show this to you if requested and identify themselves to you before entering your property.
If you do not provide safe, unobstructed and easy access to your property:
- when required by the network company, the network company may disconnect your electricity supply and reclaim its equipment; or
- when required by us, we may require you to pay any fees required to resolve any access issues. These fees may include one-off and/or ongoing fees. If we cannot resolve any access issues, we may disconnect the electricity supply to your property.
The access rights you agree to provide under this clause 15 are in addition to any access rights we, our Representatives and the network company conferred by any statute or regulation.
You need to provide us with a key and/or security system code or arrange access to your energy supply equipment if any of it is located behind locked doors or gates. If we hold a key to your premises that was supplied by a previous customer or landlord, we will ask your permission to use it. If you say no, you will need to make alternative arrangements with us for access. However, if we hold a key that is used to access meters in a common area (for example, an apartment block meter room), we will continue to use the key to access that area, but will not enter your private premises. We will keep all keys and security codes you give us secure and only use them to fulfil our rights and obligations under these terms and conditions. We will only return your key to you or your authorised person if you are still our customer at the premises. If we no longer need your key to access the energy supply equipment, we will destroy it securely (we will let you know before we do this), or if you are still our customer at the premises and you request it, we will return the key to you.
16. Trees and vegetation
You must comply with your obligations under the Electricity (Hazards from Trees) Regulations 2003, at your cost. This includes ensuring trees and vegetation on your property are kept free from power lines. You can get more information about these regulations from the Ministry of Economic Development or at energysafety.govt.nz.
We or the network company can ask you to remove or trim trees or vegetation on your property that are interfering or are likely to interfere with the electricity network or any equipment. If you do not do this, we or (our Representatives or the network company) may remove or trim the trees or vegetation and may recover those costs from you.
17. Information and privacy
This notice will be on our website and will include reasons for any change. You must provide us with, and authorise any other person who holds information about you or the members of your household and your property to disclose, any information we reasonably request in relation to this Agreement. We may require information from you to confirm your identity and may require a copy of a form of identification, such as a drivers licence.
Any information you provide to us must be correct and complete. You must let us know as soon as possible if any information you have previously provided to us becomes incorrect or changes.
You can ask us for access to any personal information we hold about you. If you believe that information is incorrect, you can ask us to correct that information.
We may verify information or collect information about you, members of your household or your property, from:
- other organisations or people such as credit agencies, the network company and other electricity suppliers;
- you or a member of your household's doctor, any District Health Board, the Ministry of Social Development including Work and Income New Zealand and Family and Community Services or from any source trusted by us for the purposes of verifying whether you are a vulnerable consumer;
- the Lines Company and our Representatives for the purposes of supplying you with electricity and associated products and services;
- debt recovery and/or credit checking agencies and/or our Representatives and/or our lawyers for the purpose of reporting on your payment history, collecting outstanding moneys and/or credit checking, and other electricity suppliers in New Zealand and/or their agents for credit reference and credit checking purposes; and/or
- any person in connection with any dispute organisation or scheme that we are a member of and any person to whom we are required to disclose such information either by law or in compliance with the Code or other Industry Codes and Standards,
Our Representatives, including debt recovery and credit checking agencies, to whom we may disclose your personal information may:
- pass and disclose that information to other debt recovery and/or credit checking agencies and their subscribers;
- use that information for the purposes of debt recovery and/or credit checking;
- publish that information on their debt recovery and/or credit checking databases; and/or
- provide that information to third parties for purposes of checking repayment history and/or creditworthiness.
You agree that we may record our telephone conversations with you to help us to comply with our obligations under this Agreement and for record keeping and training purposes. If we do so, the recordings will be kept secure and you may request access to them at any time.
You and we agree to maintain the confidentiality of each other's confidential information, and to use and disclose that information only to exercise our rights or perform our obligations under this Agreement or if we are otherwise required by law.
19. Network company requirements
The network company owns and is responsible for the electricity network including monitoring and maintaining the Equipment used to provide electricity network services.
The agreement each network company has with us contains terms and conditions you are required to meet. While some of these terms and conditions are dealt with elsewhere in this Agreement, you are also required:
- to meet and ensure any equipment installed on your property meets all legal and industry requirements, Industry Codes and Standards and the network company's standards (including safety and technical requirements). You can obtain a copy of the network company's standards from the network company;
- not to interconnect the electricity supplies from two or more separate connections;
- to provide and maintain suitable space for the safe and secure storage of any of the network company's equipment;
- to protect and not interfere with the network company's equipment. You may be liable to the network company for any damage to that equipment unless emergency action was required to protect any person or prevent damage to any property;
- not to inject or attempt to inject any electricity into the electricity network without having first told us, and your network company;
- not to use the electricity network to send or receive any signal or communication; and
- not to modify, connect or disconnect any equipment to or from the electricity network; and
You agree that the network company may perform a temporary disconnection of your electricity supply in certain circumstances and the network company may not provide notice.
The network company may charge you directly for electricity network services or the network company may appoint us as its agent to collect the charges for electricity network services from you and pay the charges to them.
You are responsible for maintaining the power lines between your connection point and your property unless the network company is required or agrees to provide and maintain those lines.
If you enter into an agreement with a third party to control your energy load you must ensure that:
- the load is not already controlled by the network company;
- the third party does not interfere with or damage the network company's or our load control systems;
- if any damage occurs due to the actions of the third party you must promptly and at your own cost remove the source of the interference and fix the damage;
- the third party makes the load available to the network company to enable it to fulfil any performance obligations it has as an asset owner (in respect of managing system security in accordance with the Code) and to meet any applicable service standards for distribution services; and
- prior to controlling the load, the third party has entered into an agreement with the network company which sets out the protocols for the use of the load, including the matters set out above and the coordination with the network company of the disconnection and reconnection of the load.
If the network company suffers any direct loss or damage which is caused or contributed to by your fraud, dishonesty or wilful breach of this Agreement (or by anyone associated with you), you will be liable to make good that loss or damage.
You acknowledge that, to the fullest extent permitted by law:
- any liability the network company may have to you in contract, tort (including negligence) or otherwise in relation to the supply or non-supply of electricity to you is excluded;
- any liability the network company may have to you which cannot be excluded under clause 19.8(a) is limited to $15,000 per connection per event; and
- the total amount payable by the network company to us and other electricity retailers for any single event is limited to $2,000,000 (GST exclusive), apportioned between us and other electricity retailers.
You acknowledge that any warranty, guarantee or obligation which may be imposed on the network company by the Consumer Guarantees Act 1993 or any other law is excluded to the fullest extent possible.
You acknowledge that the electricity network and any of the network company's Equipment kept on your property, is and remains the property of the network company. Nothing in this Agreement, or any provision of services by the network company in relation to the electricity network, gives you or anyone else any rights or interest in the electricity network or the network company's equipment.
The terms and conditions included in this Agreement at the request of the network company are for the benefit of and enforceable by the network company, and their directors, employees, and authorised agents pursuant to the Contracts (Privity) Act 1982.
20. Dispute resolution and complaints
If you have a complaint against us (other than a complaint about the nature or level of your reported electricity usage) please tell us as soon as possible by logging into your Electric Kiwi account and sending us a message via the customer account section on the website https://www.electrickiwi.co.nz or emailing us at firstname.lastname@example.org. Our dispute resolution process is free.
Once we have received your complaint, we will reply to you within two business days to confirm we have received it. We'll also decide whether we think your complaint is related to network company services, or our service.
Any complaint you have should be made to us and not to the network company directly in the first instance. If we think your complaint relates to services provided by the network company, we will refer your complaint to the network company. The network company will then be responsible for managing and resolving your complaint.
If it takes us longer than 20 business days to resolve your problem, then we'll contact you to let you know why, how much longer it will take, and to discuss your options.
If you are not satisfied, we are a member of Utilities Disputes Ltd (formally EGCC), which is a free and independent complaints resolution service. If for some reason you are dissatisfied about the resolution of your complaint, or we can't resolve your complaint or problem within 20 business days, you can take your complaint to Utilities Disputes (www.utilitiesdisputes.co.nz) (Free Phone: 0800 22 33 40). You have two months to lodge a complaint with Utilities Disputes from the time we notify you of our final resolution. You can also take your complaint to the courts or the disputes tribunal.
If you dispute the correctness of charges on your invoice we will not disconnect your electricity supply for non-payment of the disputed portion of your invoice until the matter has been dealt with through our dispute resolution process. This will not prevent disconnection for any of the other reasons set out in clause 11.
21. How much we might be responsible for under this Agreement
If we damage your property 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 $10,000 for any single event or series of closely related events.
We will not 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 limited to $10,000 for any single event or series of related events.
22. Refer-a-friend Customer Account Credits
Completing the Refer-a-friend join application is deemed acceptance of Clause 22.
The Refer-a-friend account credit is available to all Electric Kiwi Customers (Referring Customer) with an active account and no outstanding debt owing to Electric Kiwi at the time the referral is sent.
The referred Electric Kiwi Customer (Referred Customer) must complete the Refer-a-friend join application and the sign up process via a unique Electric Kiwi website link made available to each Referring Customer within the Electric Kiwi customer portal.
The Refer-a-friend account credit will be applied either as a single credit at the time that the Referred Customer switch to Electric Kiwi is complete, or over a period of months, to a maximum of 12 months, depending on the advertised offer. Both the Referring Customer and the Referred Customer must be an active Electric Kiwi Customer for the account credits to be applied.
An Electric Kiwi Customer can only be referred once. There is no Referred Customer limit by a Referring Customer.
Electric Kiwi account credits can only be used to offset invoiced charges and are not transferable or redeemable for cash.
Any remaining account credit available at account closure will be forfeit.
If a Customer moves property, the account credit will remain on the Customers account only if they remain an active Customer throughout the move.
If a Customer closes their Electric Kiwi account and re-joins within 12 months, the Refer-a-friend account credit will not be available. If the Customer is deemed to have an appropriate reason for the account closure and opening of a new Customer account within this time period then an exception may be made. Applications for exceptions should be made in writing to email@example.com.
If a Referred Customer closes their Electric Kiwi account within 3 months of joining, both the Referring Customer and Referred Customer will have their account credit reclaimed by Electric Kiwi. If the Referred Customer is deemed to have an appropriate reason for the closure of the account within this time period then an exception may be made. Applications for exceptions should be made in writing to firstname.lastname@example.org.
Electric Kiwi retain the right to determine whether a Refer-a-friend is genuine and if a Refer-a-friend is deemed to be invalid then the Electric Kiwi account credit can be rescinded at any time.
Electric Kiwi abide by the Unsolicited Electronic Messages Act 2007 and any Customer who uses Refer-a-friend to engage in spamming activities will be reported immediately to the police and Department of Internal Affairs.
The Electric Kiwi Refer-a-friend unique website link may be distributed by the Referring Customer to their friends. However, the Electric Kiwi Refer-a-friend unique website link shall not be used in paid advertising, in any form, by the Referring Customer.
23. Guaranteed Savings
Electric Kiwi provides customers that sign up between 1st April 2016 and 31st March 2017 (Guaranteed Customers) with a savings guarantee (Guarantee). If you are a Guaranteed Customer and signed up between 1st April 2016 and 20th October 2016, we guarantee that you will save a minimum of $200 during your first year as an Electric Kiwi customer (Guaranteed Savings), when compared to the cost you would have paid for electricity during that period based on your Benchmark Price Plan. If you are a Guaranteed Customer and signed up between 21st October 2016 and 31st March 2017, we guarantee that you will save during your first year as an Electric Kiwi customer (Guaranteed Savings), when compared to the cost you would have paid for electricity during that period based on your Benchmark Price Plan.
If you are a Guaranteed Customer, Electric Kiwi guarantees that you will save over the period commencing on the date upon which you complete the switching process as described in these terms and conditions and become an Electric Kiwi customer, and ending on the 1 year anniversary of the relevant commencement date (the Guaranteed Period).
Savings for the Guaranteed Period will be based on a comparison between our plan with your Benchmark Price Plan (which will take into account matters such as whether you are a standard or low user, and whether you have controlled hot water or not). If your previous retailer gave you an invoice discount (including prompt payment discounts), we will include your discount in our calculations, but we do not include any discounts provided for bundled or alternative services including but not limited to dual fuel and / or broadband discounts. If you sign up after 1 January 2017 and your previous retailer increases its pricing during the Guaranteed Period, Electric Kiwi will allocate an adjustment to the Benchmark Price Plan to reflect the increase by your previous retailer. If you are moving to a new property, were on wholesale pricing or a pre-pay pricing plan prior to switching to Electric Kiwi, we will compare your total spending against the biggest retailer (based on customer numbers) in your area. If you sign up after 1 January 2017 and the biggest retailer in your area increases its pricing during the Guaranteed Period, Electric Kiwi will allocate an adjustment to the Benchmark Price Plan to reflect the increase by the biggest retailer in your area.
If the past electricity invoice provided to us by a Guaranteed Customer (in accordance with clause 23.8) has multiple consumption (per kWh) rates, Electric Kiwi will calculate a single benchmark consumption rate for that Guaranteed Customer based on the consumption weighted averages of these rates.
The Benchmark Pricing Plan calculated by Electric Kiwi will include all Electricity Authority levies passed through to the Guaranteed Customer by their previous retailer.
If, for any reason, your metering changes during the Guaranteed Period, we will use all reasonable endeavours to re-calculate the rates you would have paid with your previous retailer using the appropriate Benchmark Pricing Plan, taking into account your new configuration.
If you are a Guaranteed Customer, we will:
- calculate your appropriate Benchmark Pricing Plan in accordance with this clause 23; and
- communicate to you, via the Electric Kiwi customer portal, the savings you have made at that point in time during the Guaranteed Period for your electricity consumption by switching to Electric Kiwi, compared to your Benchmark Price Plan.
To enable us to calculate the applicable Benchmark Pricing Plan for Guaranteed Customers, each Guaranteed Customer agrees to either:
- provide us (within 30 days of completing the sign up process) with a past electricity invoice, showing the same Low or Standard User plan configuration as that assigned to you by Electric Kiwi, dated within the previous two calendar months and relating to the Property, for its current or previous electricity rates; or
- authorise Electric Kiwi, via your acceptance of these terms and conditions, to allocate it to what we believe (acting in good faith) is the most appropriate Benchmark Price Plan based on whether it is a low or standard user, and if it has controlled hot water at the Property.
We will maintain a table of current electricity prices for open-term contracts, updated quarterly, of the retailers in the areas we serve. For Guaranteed Customers who do not provide us with a past electricity invoice, or whose previous electricity supply was not provided under an open-term contract, we will default that Guaranteed Customer's Benchmark Price Plan to the largest retailer in that Guaranteed Customer's area (based on customer numbers).
If you are a Guaranteed Customer, at the end of the Guaranteed Period, your savings (when compared to your applicable Benchmark Price Plan) are less than the Guaranteed Savings, Electric Kiwi will, subject to clause 23.11, credit your account with the difference between your actual savings and the Guaranteed Savings. Guaranteed Savings account credit is non transferable or redeemable for cash.
Electric Kiwi will not be required to make any payments under clause 23.10 if:
- we reasonably believe that the rates shown on your past electricity bill are not genuine; or
- at the end of the Guaranteed Period, you owe Electric Kiwi $100 or more, and this amount has been overdue by 30 days or more.
For the avoidance of doubt, while Electric Kiwi will continue to provide you with a summary of your savings (compared to your applicable Benchmark Price Plan) after the Guaranteed Period ceases, the Guarantee will not apply, and no credit will be applied, in any following year.
The Guarantee does not apply if you cease to be an Electric Kiwi customer during the Guaranteed Period.
The Guarantee is only available in relation to one residential electricity account per Guaranteed Customer over a single Guaranteed Period, and only where the Property is the Guaranteed Customer's primary residential address.
If more than one person is named as the customer on your electricity account, each person is individually responsible to us under this Agreement. We can require any of those people to meet the obligations under this Agreement, including payment of any amounts owing.
You cannot transfer any of your rights and obligations under this Agreement to any other person.
We may transfer all or any part of our rights and obligations under this Agreement to another electricity retailer. We will give you at least 3 days' notice of this along-with details of how you can contact the new electricity retailer and when the transfer will take place.
Clause 11.10 and clause 24.3 are also intended for the benefit of and are enforceable by the Electricity Authority under the Contracts (Privity) Act 1982. Clauses 11.10 and 24.3 cannot be amended without the consent of the Electricity Authority.
We may subcontract or delegate our obligations under this Agreement to other people or companies including delegating the collection of payments contemplated in clause 8.1 to third party debt recovery agencies.
We can send notices to you using the email you have provided to us or via the Electric Kiwi customer portal. Notices are deemed received the day after they are sent.
If we think that a receiver, liquidator, administrator, or other similar official is likely to be appointed in respect of our business, we will take all reasonable steps to ensure that you continue to receive electricity supply to your property.
Any clauses that are intended to have effect after termination continue to have effect.
This Agreement is effective from the date upon which you confirm and acknowledge to Electric Kiwi that you agree to this Agreement, either by:
- accepting the Agreement online; or
- providing an Electric Kiwi staff member or authorised Representatives, with oral authority to accept the Agreement on your behalf.
25. Definitions of terms used in this Agreement
In this Agreement:
An 'Uncontrolled Load' are relevant to you if we supply electricity to your entire property 24 hours a day, and it is all metered at the same rate.
A 'Controlled Load' are relevant to you where we generally supply electricity to your property but where there are also separately wired appliances (most commonly, the hot water cylinder) which we or lines company (depending on where you live) can switch off for short periods at times of high demand for electricity. This is usually referred to as "ripple control". You may have one or multiple meters, and the manner in which controlled rates can be metered differs however you will always receive a small reduction in the amount you pay to compensate you for allowing the controlled appliances to be switched off (regardless of whether it is actually ever switched off or not).
'Benchmark Price Plan' means the price plan calculated by us in accordance with clause 23, and used to establish the cost you would pay if you received electricity from an electricity provider other than Electric Kiwi.
'Code' means the Electricity Industry Participation Code 2010.
'Electric Kiwi', 'we', 'us' or 'our' means Electric Kiwi Limited.
'Equipment' means any meter, telemetry equipment and other equipment used to measure or record electricity usage, to transmit or convey electricity usage data, or to supply electricity to your Connection Point or any associated equipment (including, without limitation, switches, fuses, transformers, wiring, meter boards and pre-payment meters or devices).
'Force Majeure' in respect of an event means any circumstance not within a party's reasonable control including, without limitation:
- acts of God, flood, drought, earthquake or other natural disaster;
- epidemic or pandemic;
- terrorist attack, civil war, civil commotion or riots, war or analogous event;
- nuclear, chemical or biological contamination; and
- collapse of buildings, fire, explosion or accident.
'Guaranteed Customer' has the meaning given to that term in clause 23.1.
'Guaranteed Period' has the meaning given to that term in clause 23.3.
'Guaranteed Savings' has the meaning given to that term in clause 23.1.
'Industry Codes and Standards' includes all relevant electricity industry codes and standards, rules and protocols.
'Pricing plan' means the pricing plan you sign up to when electing to become an Electric Kiwi customer, which will include your invoice date, and as may be updated or changed from time to time in the manner described in this Agreement.
'Property' means the address (including land and buildings) we supply electricity to.
'Referred Customer' is a referred Electric Kiwi Customer who joins Electric Kiwi via Refer-a-friend.
'Referring Customer' is an existing active Electric Kiwi Customer who invites their friends to join Electric Kiwi via Refer-a-friend.
'Representatives' may include our employees, contractors or agents or the employees, contractors or agents of:
- the network company;
- the meter reader; and
- the meter owner.
CONDITIONS OF THIS AUTHORITY TO ACCEPT DIRECT DEBITS
1. The Initiator:
- Has agreed to give advance notice of the net amount of each Direct Debit and the due date of the debiting before the date when the Direct Debit will be initiated. This advance notice must be provided either:
- in writing; or
- by electronic mail where the Customer has provided written consent to the Initiator
- May, upon the relationship which gave rise to this Authority being terminated, give notice to the Bank that no further Direct Debits are to be initiated under the Authority. Upon receipt of such notice the Bank may terminate this Authority as to future payments by notice in writing to me/us.
* minimum 2 business days.
2. The Customer may:-
- At any time, terminate this Authority as to future payments by giving written notice of termination to the Bank and to the Initiator.
- Stop payment of any Direct Debit to be initiated under this authority by the Initiator by giving written notice to the Bank prior to the Direct Debit being paid by the Bank.
- Request the Bank to reverse any Direct Debits initiated by the Initiator under the Instructions by debiting the amount of the Direct Debits back to the Initiator through the Initiator's Bank where the Initiator cannot produce a copy of the Instructions and/or Confirmation to me/us that I/we are reasonably satisfied demonstrate that I/we have authorised my/our bank to accept Direct Debits from the Initiator against my/our account provided the request is made not more than 9 months from the date when the first Direct Debit was debited to my/our account by the Initiator under the Instructions.
3. The Customer acknowledges that:-
- This authority will remain in full force and effect in respect of all Direct Debits passed to my/our account in good faith notwithstanding my/our death, bankruptcy or other revocation of this authority until actual notice of such event is received by the Bank.
- In any event this authority is subject to any arrangement now or hereafter existing between me/us and the Bank in relation to my/our account.
- Any dispute as to the correctness or validity of an amount debited to my/our account shall not be the concern of the Bank except in so far as the Direct Debit has not been paid in accordance with this authority. Any other disputes lies between me/us and the Initiator.
- Where the Bank has used reasonable care and skill in acting in accordance with this authority, the Bank accepts no responsibility or liability in respect of:
- the accuracy of information about Direct Debits on Bank statements
- any variations between notices given by the Initiator and the amounts of Direct Debits
- The Bank is not responsible for, or under any liability in respect of the Initiator's failure to give written advance notice correctly nor for the non-receipt or late receipt of notice by me/us for any reason whatsoever. In any such situation the dispute lies between me/us and the Initiator.
4. The Bank may:-
- In its absolute discretion conclusively determine the order of priority payment by it of any monies pursuant to this or any other authority, cheque or draft properly executed by me/us and given to or drawn on the Bank.
- At any time terminate this authority as to future payments by notice in writing to me/us.
- Charge its current fees for this service in force from time-to-time.