Customer terms and conditions
These are our latest customer terms and conditions, version 1.1.
Last updated on 4th June 2022
1.1 We are Octopus Energy NZ Limited ("Octopus Energy NZ", "we", "us", "our"). These terms and conditions ("Agreement") govern our supply of electricity to your property (a “property” is an address to which we supply electricity, including land and buildings at that address). They will apply to you and our Agreement will commence at the earlier of:
(a) the date you accept this Agreement, when you request to become our customer for the supply of electricity to any property through our sign-up process; or
(b) the date you move into a property that we supply electricity to. In that case, we will make a reasonable attempt to notify you that we supply electricity to that property and ask you to sign up as our customer through our online sign-up process. If you wish to terminate our supply of electricity you must give us notice under clause 10.1 and comply with clause 10.2.
1.2 We may accept or decline your request to become a customer (at our sole discretion).
1.3 During the sign-up process, you will need to create an online account and verify your payment method. You must provide us with full and accurate information that is not misleading. We may complete a credit check to assess your creditworthiness. If we conduct a credit check and are not satisfied with your creditworthiness we may, where you have signed up to Octopus Energy NZ and before processing your switch, refuse to supply you with electricity or supply you on the basis that you meet certain conditions at our discretion, if this is the case, we will inform you by email.
1.4 When you consume electricity before signing up to us, you will be deemed to have been a customer from the date you moved into your property that we supply. If we request it, you must provide us with reasonable evidence confirming the date you moved into the property.
1.5 Once this Agreement applies, you must pay for all electricity used at that property (including where usage is estimated) until you give us notice under clause 10.1, we receive a switch request for that property from a new retailer, or a new owner or occupier contacts us to arrange supply for that property.
1.6 You can nominate someone as an authorised person in relation to a property and your account with us. This will allow them to operate your account for that property with us and give us instructions for that property as if they were you, and you are responsible for any of their actions.
1.7 If multiple people are named as a customer on an account, each person is individually responsible for meeting all the responsibilities under this Agreement. This includes paying all charges for all the properties covered by this Agreement. We need consent from every person that wishes to be named as a customer on an account, and they must agree to this Agreement.
1.8 We may change this Agreement. Where possible, we will give you at least 30 days' written notice by email of any change to this Agreement. If we need to change this Agreement more quickly (for example, due to an emergency or for compliance with any applicable law or regulation) we will give you as much notice as reasonably practicable. We will act fairly and reasonably when making changes to this Agreement.
1.9 This Agreement will apply to our provision of services to you except to the extent of any inconsistency, ambiguity or conflict between this Agreement and any of our other terms and conditions that apply to any pricing plan, offer or promotion which you have signed up to (in which case, those terms and conditions will prevail).
2. Using your information
3. Being your electricity retailer
3.1 We will provide:
(a) an online account so you can check your usage and payments;
(b) an online help and service centre to answer questions or solve any problems with your account. We will do our best to answer calls promptly and to respond to online help enquiries within 2 business days. If for some reason we don’t meet these timeframes, you can contact us again or lodge a complaint. Details of our complaints process is set out on our website https://octopusenergy.nz/legal/complaints (and see clause 14 below); and
(c) a 24/7 faults service to respond to any faults with, or interruption to, your electricity supply.
3.2 We will have arrangements in place:
(a) with the distribution companies (also referred to as lines companies) who connect to your properties (a distribution company is the owner of the electricity distribution network that connects to a property) so that we can supply electricity to your properties unless a distribution company has a direct agreement with you; and
(b) with metering companies and equipment providers to install, maintain and operate a smart meter and any load control equipment at your property.
3.3 Your electricity supply can be interrupted or unsteady. We will have arrangements in place with your distribution company to ensure that electricity supply to each affected property is restored as soon as practicable in the event of interruption.
How we measure your electricity supply or export
3.4 We can generally only supply you with electricity if you have a smart meter installed at your property. Without a smart meter, you may not be eligible to be our customer and we may terminate this Agreement under clause 10.
3.5 We will determine the amount of electricity supplied to a property by having the smart meter read (which may be done physically or remotely) or, if the smart meter is not read or we don’t have the meter data, we will estimate the amount of electricity supplied to that property. If we have estimated the amount of electricity supplied, you can ask us for, and we will give you a simple explanation as to how, we have calculated the estimated supply.
3.6 If you have any “unmetered” supply, we will calculate the amount of electricity supplied, based on information supplied by your distribution company.
3.7 We need to have the meters read at a property on a regular basis. Usually your smart meter is read remotely on a daily basis. If your smart meter isn’t communicating properly we may have your meter read in person, and in that case we may only read the meter every two months depending on the area you live in, or longer if there are difficulties accessing your meter. If necessary, you must allow us, the meter owner, or our agent safe access to your property and to the metering equipment to allow your meter to be read.
3.8 You must tell us if you do not think a meter is accurate. If we have your meter tested and 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 bill or credit your account with us. If you ask us to test a meter, and it is found to be accurate, you may be charged the cost of testing that meter.
3.9 All meter readings, metering and meter tests and processes will be conducted in accordance with relevant industry protocols and codes of practice in New Zealand.
4. Pricing and charges
4.1 You can choose your pricing plan when you sign-up with Octopus Energy NZ, at the time of plan renewal or if you move property. Our current rates and charges are available on our website https://signup.octopusenergy.nz/?rates. If you do not choose a plan, you will be charged our standard OctopusFlexi pricing rates that are applicable to your property.
4.2 We will charge you, and you must pay, for electricity supplied to your property:
(a) in accordance with any pricing plan, offer or promotion which you have signed up to (and subject to the terms and conditions of that offer or promotion); or
(b) where an offer or promotion does not apply, based on our OctopusFlexi rates as set out on our website.
4.3 Where you are being charged based on our OctopusFlexi rates, we may change those rates on 30 days' written notice to you by email.
4.4 You will also be liable for, and we may also charge you:
(a) charges in relation to meter installation, collection and other costs we incur displayed on our website https://octopusenergy.nz/legal/schedule-of-fees;
(b) any damage you cause to metering equipment on the property;
(c) charges arising from your breach of this Agreement, including disconnection fees and costs incurred by us to complete any work to remedy your breach; and
(d) reasonable debt recovery and legal costs if incurred by us in connection to your account.
4.5 Our pricing plan options include a "Low User Plan" option. You will only be eligible for a Low User Plan if the property we supply on that plan is used for domestic purposes and is your principal place of residence. You are not eligible for a Low User Plan if your property is the subject of an exemption under the Electricity (Low Fixed Charge Tariff Option for Domestic Consumers) Regulations 2004. If we request verification of the property as your primary place of residence you must provide information or evidence to us that reasonably demonstrates that this is your principal place of residence. If you are unable to satisfy us that the property is your principal place of residence, then you will not be eligible for a Low User Plan, and we may change you onto the appropriate plan and may charge you the difference between what you have paid to date and what you should have paid if you were on the appropriate plan.
Account billing and payment
4.6 In order to be an eligible customer you must have a direct debit or credit card authorised on your account that enables automatic processing of payments for our invoices. Where you owe us money under this Agreement you authorise us to pay such amounts on your behalf using your debit card, credit card or direct debit linked to your account.
4.7 We will invoice you monthly based on electricity supplied to the property during the relevant monthly billing period. Your monthly billing period generally begins on the date you became our customer (your sign up date or move in date) and then repeats accordingly. For example, if you join us on 7 October, your monthly billing period would generally run from the 7th of each month to the 6th of the following month. Your monthly billing period will be set out on your invoice. You can change this date by contacting us email@example.com.
4.8 Following the end of each monthly billing period, we will send you an invoice (normally within two business days) and attempt to take payment for that invoice shortly after the invoice date (normally within two business days) using your preferred payment method set up on your account.
4.9 If you dispute any amount payable under an invoice, please let us know as soon as you can giving full reasons for the dispute and identifying the disputed amount. We will investigate your dispute as quickly as possible and keep you updated.
4.10 If payment from the bank account you have authorised us to deduct money from or the debit or credit card you have authorised us to charge is dishonoured (and you do not otherwise pay us for any amount due under this Agreement through your online account by the due date on the invoice) we may:
(a) charge you our costs in collecting money you owe us, including bank fees, credit agency fees, legal and court fees;
(b) charge you a dishonour fee; and
(c) subject to our legal obligations and this Agreement, disconnect the electricity supply to any property supplied under this Agreement and you may incur fees for disconnection, reconnection and debt collection.
4.11 Unless we have agreed a special payment plan with you, you must:
(a) always pay us in full. You must not deduct anything off money you owe us;
(b) authorise us to deduct money from a specific bank account or charge money to a specific debit or credit card for amounts you owe us; and
(c) ensure that the bank account you have authorised us to deduct money from, or the credit card you have authorised us to charge, is up to date and that it always has sufficient clear and accessible funds to cover all payments to us. If you do not do this, we may require you to maintain your account in credit.
4.12 If we incorrectly estimate or calculate the electricity supplied to a property (including due to a fault with the meter, meter communication, lack of meter access or our error):
(a) we may recalculate what the actual electricity usage at the property should have been and either:
(i) charge you for any energy you have used and not paid for in our next invoice; or
(ii) refund you for any overpayments by providing you a credit on your next invoice; and
(b) where the discrepancy is substantial, we will notify you by email or phone to agree a plan for any repayments or refunds due.
4.13 We will have available in your online account a statement detailing transactions and any other fees and charges together with invoices for them.
4.14 We may require you to always maintain an account balance with a certain credit balance. If the balance falls below the required amount we can disconnect the electricity supply to any property supplied under this Agreement and you may incur fees for disconnection and debt collection. If we require you to comply with this clause, you must do so.
4.15 If you have a credit balance with Octopus Energy NZ, that credit may only be used to pay for electricity. We will only refund credit balances into your bank account in exceptional circumstances.
5. Solar Power, Feed-in and Purchase
5.1 With our written consent we may purchase electricity from you that you have generated using an electricity generation facility installed at your property in accordance with this clause 5 provided that at all times:
(a) you are a current customer of Octopus Energy NZ;
(b) the generation capacity of your facility is less than 10kW;
(c) you have a valid connection contract with the distribution company in accordance with Part 6 of the Electricity Industry Participation Code 2010 and can provide confirmation from the distributor of such contract;
(d) you have a smart meter approved by us which is capable of reliably recording and exporting electricity into the network without our assistance to an accuracy and reliability that is approved and certified in accordance with part 10 of the Electricity Industry Participation Code 2010;
(e) you are responsible for advising us if you are registered for GST purposes, or if your GST registration status changes. We may require evidence to confirm this registration. If you are GST registered please email us your GST number firstname.lastname@example.org;
(f) you ensure that, your electricity generation facility and supply of electricity complies with all applicable laws, standards and regulations (including the relevant distribution company's network connection standards);
(g) you will be responsible for the safe operation of your electricity generation facility and for any damage caused to this facility or to any other property or person as a result of the operation of this facility (including without limitation for any voltage fluctuations or other matters concerning the quality of the electricity supply, your points of supply which may damage sensitive electrical equipment or concerning the local supply on the network) and you indemnify us for any costs, expenses, liability or claims incurred by us in respect of such damage; and
(h) you will arrange and maintain all appropriate insurance, including:
(i) insurance to cover the risk of damage; and
(ii) insurance required by the distribution company.
5.2 You acknowledge and agree that we may, where appropriate, record and report the amount of electricity we purchase from you to the market including the Registry maintained by the Electricity Authority, reconciliation manager and relevant distribution companies.
5.3 Subject to clause 5.1, we will purchase electricity supplied by you at the rates per kWh plus GST (if any) that are applicable to your pricing plan by way of credit on your account. No interest will be payable by us on any credit amounts. We will not pay out in cash any credits accrued from purchasing your exported energy and you may only use such credits to offset amounts payable to us for the supply of electricity to you.
5.4 Where we cannot determine the quantity of electricity purchased by us due to a failure or inaccuracy in the smart meter outside of your control, or you dispute the accuracy of our reading, we may make a reasonable estimate of the quantity of electricity supplied based on your historic data available for your generation and consumption for the relevant period. Such estimates will be conclusive and final in the absence of any manifest error.
6. Access to your property
6.1 During the period we supply your property and for a 6 month period after we cease supplying your property, we and others need clear and safe access to:
(a) each property and any land over which you have an easement or right to pass electricity;
(b) metering equipment (whether inside or out); and
(c) any equipment (whether inside or out) used to supply electricity and not owned by you or the property, so that we can supply electricity to you and for safety reasons. If, for whatever reason, we cannot get access to your property we will tell you.
6.2 You must provide that safe, unobstructed and clear access to us, the distribution company and meter owner (and any agent or subcontractor of any of us) to:
(a) restore electricity during an interruption in your area, to ensure safety, or to protect people or property;
(b) connect, suspend or disconnect your electricity supply;
(c) read meters;
(d) ensure that trees, vegetation, buildings and other obstacles are clear of electricity lines or electrical equipment and meters;
(e) install, inspect, maintain, operate, upgrade (provided the upgrade has no material adverse effect on you or your property), work on or remove any equipment necessary to provide electricity including any equipment owned by you or the property;
(f) investigate or repair any damage or interference or suspected damage or interference with any equipment used to supply electricity including any equipment owned by you or the property;
(g) comply with the law; and
(h) do anything else concerning the supply of electricity to you. That access must be provided at any time in the case of actions to be taken under (a) above, and otherwise during business hours (9am–5pm Monday to Friday).
6.3 Except in an emergency situation or where access is routine (for example, reading or inspecting a meter on the outside of a building), where access is required by us or a third party, we will generally give you 10 business days written notice of when and why access to a property is required. However, if we receive less notice than this from a third party who is not under our control and has the right to access your property (for example, a distribution company) then we will give you as much notice as practicable after we have received notice.
6.4 When we, our employees and agents access your property we will:
(a) take reasonable steps to minimise direct impacts on the property or inconvenience to you, and to comply with your reasonable requirements;
(b) ensure our employees and agents carry identification showing they are our authorised representatives and show you this on your request and identify themselves before entering that property; and
(c) ensure our employees and agents act courteously and professionally at all times.
6.5 If you do not provide clear and safe access and:
(a) your failure is not subject to a dispute under our complaint resolution procedure; and
(b) we have taken reasonable steps to encourage you to provide clear and safe access,
we or the distribution company may disconnect your electricity supply in accordance with clause 10.5 (after complying with clause 10.6) and access your property to remove any of its equipment.
7. Equipment on your property
7.1 You; your agents and your invitees; other people in your household and their agents; and invitees must:
(a) make sure nothing on any property interferes with or damages the distribution network without the consent of the distribution company;
(b) ensure the safety, security and maintenance of any electricity lines 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 using a suitably qualified person where work is required;
(d) keep trees, vegetation and other obstacles away from meters and the electricity lines this includes things overhanging from neighbouring premises;
(e) make sure there is sufficient secure space at each property for metering equipment and other equipment we, or the distribution company, think is necessary to supply electricity to you and you undertake to do this at no cost to the distribution company; and
(f) tell us if any building on a property we supply is going to be relocated or destroyed and give us and the distribution company a reasonable opportunity to recover equipment prior to any building being relocated or destroyed.
7.2 You must make sure that your agents and invitees, other people in your household and their agents and invitees, comply with your obligations under this Agreement, and in particular this clause 7.
7.3 You must notify us or the relevant distribution company immediately if there is any damage to or fault with meters or equipment.
7.4 You; your agents and invitees; other people in your household and their agents; and invitees must not:
(a) Connect, reconnect, or disconnect a property to a distribution network, or interconnect two 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, damage, or work on a distribution company's lines or equipment;
(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) inject or attempt to inject any electricity into a distribution network without our approval (in accordance with this Agreement) and the written consent of the distribution company; and
(f) use a distribution network to send or receive any signal or communication.
7.5 You acknowledge that meters, meter reading equipment, and other equipment that we, a distribution or metering company own, remains the sole property of the relevant company and does not belong to you but to the party responsible for supplying it (including that you have no right of property interest in or to any part of the network). You must never:
(a) interfere with, damage or remove a meter or meter reading equipment;
(b) interfere with or damage any other equipment supplied by us or a distribution company; and
(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.
7.6 You have obligations under the Electricity (Hazards from Trees) Regulations 2003 to, for example, keep trees free from power lines. If you do not do this you may be charged for the cost of clearing the trees, vegetation or obstacles.
7.7 If you do not meet your obligations in this clause 7:
(a) if the failure is material or persistent and is clearly established, we have given you time to remedy that failure and explained what the failure is, and you have not taken dispute resolution proceedings, we may disconnect your electricity supply and refuse to reconnect your property;
(b) if we incur costs or charges, for example we have to undertake work that you should have undertaken, we may make a reasonable charge or seek reimbursement of our costs from you;
(c) you will be liable to other third parties such as distribution companies for additional costs such as making good any damage to their equipment including if any of the distributor's equipment is damaged by your negligence or wilful act or omission, then you must pay the cost of making good the damage to the distributor;
(d) if you have tampered or interfered with the meter or equipment used to supply electricity to your property, such as by illegally reconnecting your property after we have disconnected electricity supply, we may deenergise your property and require you to switch to another retailer; and
(e) we may inform the Police or other relevant authorities where we consider that the matter is serious enough.
8. Outages and supply issues
8.1 If you suspect there is a fault you must call the relevant faults number shown on your account to report it.
8.2 You must always treat all electrical lines or wires as LIVE! and potentially deadly. You are responsible for your personal safety.
8.3 Your supply will not be perfectly continuous so we recommend you take steps to protect yourself and your equipment against surges or spikes. You acknowledge that surges or spikes:
(a) are momentary fluctuations in voltage or frequency that can occur at any time;
(b) may cause damage to sensitive equipment; and
(c) are not treated as interruptions.
8.4 It is your responsibility to take actions to mitigate the risk and cost of damage from any supply issues, this includes:
(a) protecting property and equipment (including your electrical equipment) from fluctuations in frequency, voltage and interruption to supply; and
(b) insuring yourself against damage from those fluctuations or interruptions. This includes taking business interruption insurance if it is appropriate to you.
8.5 It is your responsibility to tell us if:
(a) you or someone in your household depends on electricity supply for critical medical support;
(b) disconnection of your 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
(c) it is genuinely difficult for you or a member of your household to pay for the electricity supplied to your properties because of severe financial hardship, whether temporary or permanent.
8.6 If a distribution company plans to interrupt your electricity supply for maintenance, we will give you at least 4 business days’ notice (unless the distribution company gives less notice, or the interruption is urgent and not reasonably foreseeable, in which case we will give you as much notice as possible).
8.7 If someone in your household depends on electricity for critical medical support, you must ensure you have arrangements in place in case of an interruption to your supply of electricity.
9. Distribution companies, Lines and Load Control
9.1 You must comply with any contract 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 9.
9.2 You undertake to also comply with all relevant legal requirements and the distribution company’s network connection standards that apply to a property; these include safety and technical requirements and using a qualified person to do any work. You can obtain a copy of each of these from the relevant distribution company. Your invoices will identify who the relevant distribution company is; alternatively you can contact us to find out.
9.3 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.
9.4 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. You may not offer the operation of the load control devices on your property, or which are part of your electricity supply, to any third party.
9.5 If we receive compensation from a distribution company or another third party for losses that result from an interruption to electricity supply, we will comply with our legal obligations and pass on an appropriate proportion of that to you (which may be an account credit, for example), and if you ask us to, we will give you an explanation as to how that amount was determined.
10. Disconnection and termination
10.1 You are responsible for payment for all electricity supplied to your property up until:
(a) the date you or we terminate this Agreement; 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.
10.2 You may switch to another electricity retailer or terminate this Agreement at any time by giving us notice by email or over the phone. You will be liable for all electricity supplied to your properties up to the termination date and any other charges you owe us. You will need to contact a new retailer to arrange for the future supply of electricity to a property if you need it.
10.3 You must tell us through your online account, by email or by phone if you:
(a) are vacating any property with 2 business days' notice in advance; and
(b) want the electricity supply to a property temporarily disconnected or permanently with 10 business days' notice in advance, and you acknowledge that you may incur a charge for disconnection or reconnection when you ask us to do either of these things.
10.4 If you switch to another retailer, we will switch you to that other retailer in accordance with industry standard and relevant laws and facilitate the switch.
10.5 If you no longer need electricity supplied to a property at all, we will stop your electricity supply as soon as reasonably practicable after you notify us of that (while making sure disconnection occurs safely).
10.6 We or a distribution company may disconnect or disrupt your electricity supply to any property supplied under this Agreement if:
(a) you 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 lines charges) and which you have been invoiced for. However, we will only do this if we have given you an invoice setting out what you must pay us. We will not disconnect you if the amount unpaid is the subject of dispute resolution proceedings, or is an estimated amount unless we reasonably believe it is fair and reasonable to do so;
(b) you breach any other material term of this Agreement (including failure to have a suitable smart meter) or persistently breach any Term provided the breach is (or breaches are) clearly established and not subject to dispute resolution proceedings. If the breach is capable of remedy, we will give you reasonable notice that you need to remedy this breach to avoid disconnection and what you need to do to remedy the breach;
(c) you move into a property that we supply electricity to, and you do not tell us;
(d) the distribution company needs to undertake planned maintenance
(e) where clause 10.6(a) applies;
(f) you don’t comply with the distribution company’s network connection standards;
(g) you become, or are deemed to be, unable to pay your debts, insolvent or bankrupt, go into voluntary administration, have a trustee or manager appointed in respect of all or any of your property or make an assignment for the benefit of, or enter into or make any arrangement or compromise with, your creditors generally;
(h) we are in default under our contract with the distribution company;
(i) for safety reasons;
(j) there has been an occurrence or circumstances that may adversely affect the proper working of the distribution network or the transmission system, or
(k) where there is an emergency.
10.7 In the case of disconnections under clause 10.6(a)–(g) inclusive above:
(a) we will only disconnect you as the last course of action open to us;
(b) we will tell you at least 7 business days before we disconnect supply of electricity to a property by sending a notice to the physical address we hold for you;
(c) we will give you a final warning at least 24 hours, but not more than 7 business days, before we intend to disconnect supply of electricity to that property;
(d) each notice will include information about the timeframe within which disconnection will take place and what you need to do to stop disconnection;
(e) we will not disconnect you on a Friday, or on the day before a public holiday, and we will only disconnect on business days.
10.8 In the case of disconnections under clause 10.6(h)-(k) inclusive, we or the distribution company can disconnect without notice.
10.9 Where the disconnection is due to your act or omission you may incur a charge for disconnection or reconnection.
10.10 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. We may however disconnect the property if there is an immediate safety risk.
10.11 If we disconnect you (including because you have not paid us) and you satisfy our reasonable requirements for reconnection, we will restore your electricity supply as soon as is reasonably practicable.
10.12 We may transfer all or any part of our rights and responsibilities under this Agreement to another electricity retailer. Where we transfer our rights and responsibilities under this Agreement, we will give you at least 30 days' notice that the Agreement is being transferred to another retailer, where you can access the information you need to contact the new retailer and when the transfer will take place. We may also subcontract or delegate our responsibilities under this Agreement to other people or companies – however, when we do this, we will remain responsible to you under this Agreement for those rights and responsibilities.
10.13 If we commit a relevant event of default as defined under the Electricity Industry Participation Code 2010 the Electricity Authority can require us to provide information about you and can:
(a) transfer that information and all or any part of our rights and responsibilities under this Agreement to another electricity retailer (new retailer); and
(b) amend this Agreement to be consistent with, or more favourable than, the standard Agreement that the new retailer would normally have offered you immediately before we committed the event of default; and
(c) 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.
10.14 This Agreement continues if your electricity supply is disconnected. This Agreement will automatically terminate if you switch to another retailer or your connection to a property is decommissioned.
11. Liability and the Consumer Guarantees Act
11.1 Unless clause 11.2 applies to you, the Consumer Guarantees Act and Fair Trading Act 1986 applies to this Agreement and this Agreement does not affect your rights under those Acts. We will supply electricity to the standards required under those Acts.
11.2 If you are in business and receiving electricity and services from us for use in that business or for business transactions, you agree that the Consumer Guarantees Act 1993 and sections 9, 12A and 13 of the Fair Trading Act 1986 will not apply to the services we provide to you. We will only apply this clause to you if it is fair and reasonable that we do so.
11.3 If we directly damage a property as a result of our negligence or breach of this Agreement 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. All other liability we may have to you under this Agreement (including liability for indirect or consequential loss or loss of profits or business) is excluded as much as the law allows (and except to the extent we are liable to you under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986).
11.4 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) 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.
11.5 Generally, 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, whether under this Agreement, tort or otherwise, is excluded, as much as the law allows. We have no liability to you in respect of any defaults by the distribution company or any other third party (subject to your rights under the Consumer Guarantees Act 1993) except to the extent we are obligated to pass on compensation received from the distribution company to you. Please let us know if you believe the distribution company has caused you loss or damage as we may be able to help avoid further loss or assist you with contacting the distribution company.
11.6 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, wilful breach of this Agreement or wilful misconduct, you will be liable to make good that loss or damage and indemnify the distribution company accordingly.
11.7 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 up to a maximum of $10,000 for any single event or series of closely related events. This limit does not apply to your obligation to pay for electricity.
11.8 The exclusion or limitation of liability and benefits in this clause 11 are enforceable against you by each distribution company under subpart 1 of Part 2 of the Contract and Commercial Law Act 2017.
12. Embedded Networks
12.1 If your fittings or other equipment on your property used in connection with the use of electricity are connected to an embedded network, whether at the time you ask us to supply electricity or if at any time subsequently your property becomes part of an embedded network, additional terms apply to you which are set out in this clause 12. Embedded networks commonly exist in airports, apartments, some subdivisions and commercial buildings and malls. If you are not sure whether the fittings or equipment on your property are connected to an embedded network please contact us.
12.2 You acknowledge and agree that the embedded network owner, and not the distribution company, is responsible for the conveyance of electricity to your property and that, to the fullest extent permitted by law, the distribution company and the owner of the embedded network shall have no liability to you of any kind relating to the embedded network, whether under this Agreement, tort or otherwise.
12.3 If you wish to onsell electricity from your property to another end user, you must have our prior written approval and an Agreement with any such end user that mirrors, or has the same effect as this Agreement, including clauses 11.1, 11.2, 11.8 and this clause 12.
13.1 You must not transfer any of your rights and obligations under this Agreement to any other person without our written permission.
13.2 We can send notices to you using the email address you have provided us. Notices are deemed received immediately upon sending unless the sender receives a non-receipt notification from a relevant server or email provider. You must always make sure we have your current email address. However, a notice of disconnection will always be sent to the physical address you have provided to us as well as by email.
13.3 You must always comply with laws, regulations and codes that are applicable to the supply of electricity to a property. We must always supply electricity in a way that is consistent with our legal obligations relating to electricity supply and with all relevant industry protocols and codes of practice in New Zealand.
13.4 If for any reason we think a receiver, liquidator, administrator or other similar officer is likely to be appointed in respect of our business, we will take all reasonable steps to ensure you continue to receive electricity supply to your properties.
13.5 The provisions of this Agreement that confer rights or benefits onto a distribution company including to allow a distribution company to interrupt electricity supply, oblige you to give access to and look after distribution company equipment and lines, cooperate with each distribution company and limit liability of each distribution company and where applicable, any embedded network owner are intended for the benefit of and are enforceable against you by each distribution company and applicable embedded network owner under subpart 1 of Part 2 of the Contract and Commercial Law Act 2017.
13.6 Clause 10.12 (that allows us to transfer our rights and obligations under this Agreement to another retailer) and clause 10.13 (that allows the Electricity Authority to transfer your contract to another retailer and amend your contract) are intended for the benefit of, and are enforceable against you by, the Electricity Authority under subpart 1 of Part 2 of the Contract and Commercial Law Act 2017. We won't amend clauses 10.12 and 10.13 without the consent of the Electricity Authority.
13.7 Any clauses that are intended to have effect after termination continue to have effect. This includes clauses 2, 4 and 6 to 13 inclusive..
13.8 References to:
(a) Octopus Energy NZ Limited;
(b) a distribution company;
(c) a meter owner; and
(d) Electricity Authority,
in each case include its subsidiaries, employees, contractors and agents. References to "an individual" means to a natural person. Reference to something in the singular includes the plural and vice versa.
14. Complaints and contact details
14.1 If you have a complaint against us, you should tell us as soon as possible. Please contact our complaints team in the first instance email: email@example.com. or phone 0800 947 867 . Our complaints process is free. Details of our customer complaints process are on our website https://octopusenergy.nz/legal/complaints.
14.2 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 lines services, or our service. If we think your complaint is related to lines services, we’ll refer your complaint to your lines company within two business days of receiving it and tell you we have done this (as well as who will be the contact person at the lines company for resolving your complaint). The lines company will then be responsible for managing and resolving your complaint, but we will continue to monitor and facilitate the resolution of your complaint by the lines company.
14.3 If we think your complaint is related to our service then we’ll contact you directly to work through the issue with you and continue to update you via email. We’ll monitor your complaint progress regularly to ensure we resolve it with you as soon as possible. We aim to resolve all complaints within 20 business days.
14.4 If it takes us longer than 20 business days to resolve your problem, then we’ll contact you to let you know and to give you further options.
14.5 If you’re not satisfied:
(a) We’re a member of the Utilities Disputes Scheme, which is a free and independent complaints resolution scheme. 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:
Freepost: 192682 PO Box 5875 Lambton Quay Wellington 6145
www.udl.co.nz | firstname.lastname@example.org | Free Phone: 0800 22 33 40 | Free Fax: 0800 22 33 47 | Phone: +64 4 914 4630 | Fax: +64 4 472 5854.
(b) You can also take your complaint to the Office of the Ombudsman, to the courts or the Disputes Tribunal.
(c) We also encourage you to check that you’re on a good deal by using Consumer New Zealand’s independent service https://www.powerswitch.org.nz/ to compare electricity providers and plans available to you.