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  • Customer Terms

TERMS AND CONDITIONS

Active Utilities

(October 2017)

 1. Glossary of Terms

2. Our Contract with You

         (a)           General Terms and Conditions

        (b)           Voice and Data Terms and Conditions

        (c)           Hot Water Terms and Conditions

         (d)           Power Supply Terms and Conditions

  •  Victoria Power Supply Terms and Conditions
  • ACT Power Supply Terms and Conditions
  • NSW Power Supply Terms and Conditions
  • QLD Power Terms and Conditions

 

 Glossary of Terms

ACL means the Australian Consumer Law in Schedule 2 of the Competition and Consumer Law Act 2010 (Cth) as amended or varied from time to time.

Active Utilities’ Fee Schedules means the Voice and Data Fee Schedule, the Hot Water Fee Schedule and the Power Supply Fee Schedule.

Active Utilities’ Terms and Conditions means the General Terms and Conditions, the Voice and Data Terms and Conditions, the Hot Water Terms and Conditions and the Power Supply Terms and Conditions (as applicable).

AEMO means the company responsible for management of the National Electricity Market, currently Australian Energy Market Operator.

Applicable Laws means in relation to a Service all applicable state, territory and Commonwealth laws, regulations, directions, policies, determinations, statutes, ordinances, by-laws or other subordinate legislation, judicial, administrative or regulatory decrees or orders, and any determinations or codes of practice made by a governmental or semi-governmental authority responsible for the administration and/or enforcement of laws which relate, in whole or in part, to the Service, including where the context permits the ACL, as amended and varied from time to time.

Application means an application made by You to Us for the Services in Our approved form.

Authority means a governmental or semi-governmental authority responsible for the administration and enforcement of Applicable Laws, and includes, without limitation, the Australian Communications and Media Authority.

Billing Period means the length of the supply period covered by each bill.

Building Manager means the manager of the property at the Supply Address.

Business Day means a day other than a Saturday, a Sunday or a public holiday in the State in which the Services are provided to You by Us.

Call Centre means Our call centre the details of which may be found at: https://www.activeutilities.com.au/contact-us/.

Central Water Heating System means the hot water systems, apparatus and equipment, installed or to be installed at the Supply Address to generate hot water but does not include the Meters.

Code of Banking Practice means the Code of Banking Practice published by the Australian Bankers’ Association Inc as amended and varied from time to time.

Confidential Information means all confidential, non-public or proprietary information regardless of how the information is stored or delivered, exchanged between the parties before, on or after the date of this agreement relating to the business, technology or other affairs of You, and includes, without limitation, information relevant to identifying You and credit information.

Consumer Price Index means the Consumer Price Index (All Groups) Average of Eight Capital Cities published from time to time by the Australian Bureau of Statistics or any replacement body.

Contract means the contract between You and Us for the provision of Services the terms of which are included in the Active Utilities’ Term and Conditions (comprising the sections headed ‘Glossary of Terms’ and the applicable parts of the section headed ‘Our Contract with You’), the Active Utilities’ Fee Schedules, the Application and any other documents referred to or incorporated by them plus mandatory approvals and guidelines, including industry standards or administrative interpretations of them, as may be in force and as amended and varied from time to time.

Data Services means in-bound and out-bound data services, which are to be provided using equipment or facilities owned in whole, or in part, by Us or by Our Related Body Corporate or a contracted third party, together with some or all of the equipment set out in the equipment listed in the Application.

Distribution System means a network of wires, Meters and controls used to sell and supply electricity or which a Distributor uses to transport electricity for supply to customers.

Distributor means the person who is licensed to own or operate the wires We use to supply You with electricity.

Electronic Funds Transfer Code of Conduct means the Electronic Funds Transfer Code of Conduct published by the Australian Securities & Investments Commission as amended and varied from time to time.

Emergency means on emergency due to the actual or imminent occurrence of an event which in any way endangers or threatens to endanger the safety or health of any person or which destroys or damages, or threatens to destroy or damage any property.

Excess Data means Data Services provided to You by Us which exceed the Monthly Data Allowance in each calendar month.

Excluded Information means Confidential Information which:

(a) is in or becomes part of the public domain other than through breach of Our Contract with You or an obligation of confidence owed to You; or

(b) We can prove by contemporaneous written documentation was already known to it at the time of disclosure by You (unless such knowledge arose from disclosure of information in breach of an obligation of confidentiality); or

(c) We acquire from a source other than You or any Related Body Corporate or Representative of You where such source is entitled to disclose it.

General Terms and Conditions means the Active Utilities’ General Terms and Conditions as amended and varied from time to time.

GST has the meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Hot Water Fee Schedule means the schedule accompanying Our Contract with You that sets out the Hot Water Service Fees.

Hot Water Services means the heating of water by a Central Water Heating System.

Hot Water Service Fees means the fees payable in relation to Our supply to You of hot water which are set out in the Hot Water Fee Schedule.

Hot Water Terms and Conditions means Active Utilities’ Hot Water Terms and Conditions as amended and varied from time to time.

Insolvent means where You are unable to pay Your debts as and when they become due and payable.

Liability means any costs, expenses, losses, claims, causes of action, proceedings, liabilities, debts, damages, awards and judgments.

Meter means an instrument that measures:

(a) in relation to Power Services, the quantity of electricity passing through it and includes associated equipment attached to the instrument to control or regulate the flow of electricity; and

(b) in relation to Hot Water Services, the hot water meter and connection tails installed at the Supply Address or other location in connection with the Hot Water Services.

Metering Standards means the relevant standards under Applicable Laws which:

(a) regulate the basis for the installation of new Metering equipment and the operation and maintenance of new and existing Metering equipment at Your Supply Address;

(b) establish rights and obligations with respect to Metered data; and

(c) includes relevant or prescribed industry codes or standards.

Monthly Data Allowance means the amount of data upload and download capacity, specified in the Voice and Data Fee Schedule, which We agree to provide to You for the price specified in the Voice and Data Fee Schedule.

Personal Information means information or opinion about a person from which that person’s identity is apparent or can reasonably be ascertained.

Policy of Appropriate Use means the Active Utilities’ Policy of Appropriate Use as amended and varied from time to time.

Power Services means the supply of electricity by Us pursuant to Our Contract with You.

Power Supply Fee Schedule means the schedule accompanying Our Contract with You that sets out the Power Supply Service Fees.

Power Supply Service Fees means the fees payable in relation to Our supply to You of electricity which are set out in the Power Supply Fee Schedule.

Power Supply Terms and Conditions means Active Utilities’ Power Supply Terms and Conditions for the applicable State as amended and varied from time to time.

Reading means:

(a) figures or other information shown on a meter register or instrument either read or collected directly or transmitted or transformed by electronic, radio, microwave, sonic or other means; or

(b) the process of collecting figures or other information from a meter either directly or through being transmitted or transformed by electronic, radio, microwave, sonic or other means.

Related Body Corporate has the same meaning as in the Corporations Act 2001 (Cth).

Representative of a party includes an employee, agent, officer, director, auditor, adviser, partner, consultant, joint venturer or sub-contractor of that party.

Residential Customer means any legal entity or person making the Application to request the supply of Services for residential, domestic or household purposes.

Save The Planet Fee means a recurring charge applied to each printed invoice on a monthly basis.

Service Commencement Date means the date nominated by You in Your Application and approved by Us for the commencement of the Services.

Service Fees means the Voice Data Service Fees, the Hot Water Service Fees and the Power Supply Service Fees (as applicable) and Service Fee means either one or more of them as the context requires.

Services means the Voice and Data Services, the Hot Water Services and/or Power Services (as applicable) and Service means either one or more of them as the context requires.

Small Business (for the purposes of these conditions) means:

(a) in relation to Voice and Data Services, a business with 10 or fewer lines with Us (and a line includes, but is not limited to, voice, facsimile, eftpos or modem lines); and

(b) in relation to Power Services, a business that consumes 160MWh or less of electricity per year.

Small Business Customer means any legal entity or person making this Application to request the supply of Services for Small Business purposes.

State Specific Terms and Conditions means the State specific terms and conditions incorporated into the Power Supply Terms and Conditions.

Supply Address means the premises where You take supply of the Services from Us as detailed in Your bill.

Third Party Provider means a party or parties engaged from time to time to provide certain telecommunications and other services to Us on such terms and conditions as may be agreed from time to time between Us and the party or parties providing such services.

Us, We, or Our means the legal entity defined in the Application as the legal entity to whom the Application is made.

Voice and Data Fee Schedule means the schedule of fees payable for the Voice and Data Services.

Voice and Data Service Fees means the fees payable for the Voice and Data Services, as set out in the Voice and Data Fee Schedule.

Voice and Data Services means the Voice Services and the Data Services.

Voice and Data Terms and Conditions means Active Utilities’ Voice and Data Terms and Conditions as amended and varied from time to time.

Voice Services means in-bound and out-bound voice telecommunications services which are to be provided using equipment and facilities owned, in whole or in part, by Us, a Related Body Corporate or a contracted third party, together with any other equipment specified by Us.

You or Your means the legal entity or person making the Application and includes, but is not limited to, the officers, employees, contractors, agents and invitees of the legal entity or person.

Interpretation

In Our Contract with You, unless the context otherwise requires:

(a) headings are for convenience only and do not affect the interpretation of Our Contract with You;

(b) words importing the singular include the plural and vice versa;

(c) words importing a gender include any gender;

(d) all references to “include” or “including” are non-exhaustive and do not imply any limitation;

(e) an expression importing a natural person includes any company, partnership, trust, joint venture, corporation or other body corporation or governmental agency;

(f) a reference to a clause, schedule, appendix or section is to a clause, schedule, appendix or section of Our Contract with You;

(g) a reference to terms of an offer or agreement is to all terms, conditions and provisions of the offer;

(h) a reference to any statute, regulation, proclamation, orders in council, ordinance, bylaw or rule, includes all regulations, proclamations, orders in council, ordinances, bylaws or rule varying, consolidating, re-enacting extending or replacing them and a reference to a statute includes all regulations, proclamations, orders in council, ordinances, by-laws or rules issued under that statute;

(i) a reference to a document or a provision of a document includes an amendment or supplement to, or replacement or novation of, that provision of that document;

(j) a reference to a person includes that persons executor, administrators, successors, substitutes (including without limitation, persons taking by novation) and permitted assigns;

(k) a reference to a person includes that persons officers, employees, contractors, agents or other representatives;

(l) when capitalised, other parts of speech and grammatical forms of a word or phrase defined in this Contract have a corresponding meaning:

(m) a period of time which:

(i) dates from a given day or the day of an act or an event is to be calculated exclusive of that day; and

(ii) commences on a given day or the day of an act or event is to be calculated inclusive of that day;

(n) an event which is required under this Contract to occur on or by a stipulated day which is not a Business day may occur on or by the next Business Day; and

(o) words defined in the A New Tax System (Goods and Services Tax) Act 1999 have the same meaning when used in the Our Contract with You.

 

Our Contract with You

 

 

General Terms and Conditions

  1. Definition and Interpretation

The meaning of words that begin with a capital letter and the rules for interpretation of Our Contract with You can be found in the Active Utilities’ Glossary of Terms.

  1. Consideration

The Contract is entered into by You and by Us in consideration of the parties incurring obligations and giving rights under the Contract for valuable consideration.

  1. Request for Services

(a) When You submit Your Application to Us, You request that We provide You with the Services identified in the Application in accordance with Our Contract with You.

(b) You acknowledge that We may conduct checks in relation to Your Application including credit checks and other checks to verify the information You give to Us in Your Application.

  1. Our Contract with You

(a) Our Contract with You commences when We give You notice in writing that We accept Your Application.

(b) The terms of Our Contract with You for the provision of the Services are contained in:

(i) the Voice and Data Terms and Conditions, the Hot Water Terms and Conditions and the Power Supply Terms and Conditions (as applicable);

(ii) the General Terms and Conditions;

(iii) each Application You make to Us for the Services; and

(iv) the Glossary of Terms, as amended and varied from time to time.

(c) In the event of inconsistency between the above-mentioned documents the provisions in the documents apply in the order of precedence detailed above to the extent of the inconsistency.

  1. Cooling Off Period

You have ten (10) Business Days (Cooling Off Period) from the date this Contract commences to notify Us that You do not wish to continue this Contract. For the avoidance of doubt, We will not impose an early termination fee if You give Us such a notice within the Cooling Off Period.

  1. Supply of Services

(a) Under Our Contract with You, We agree to provide, and You agree to accept, the Services subject to the terms and conditions of Our Contract with You.

(b) We will commence supplying You with the Services on the Service Commencement Date unless, for reasons beyond Our control, the Services cannot commence on that date in which case We will notify You of the reason for the delay and an alternative anticipated date for the commencement of the supply of the Services.

  1. Term of Our Contract with You

7.1 Term

Subject to condition 7.3, Our Contract with You in relation to a particular Service continues for an initial term of 36 months from the Service Commencement Date. At the expiry of this initial term Our Contract with You will automatically renew for successive terms of 12 months unless You provide Us with notice under this clause.

7.2 Stopping automatic renewal

(a) If You do not want Our Contract with You in relation to a particular Service to automatically renew as described above, You must give Us notice in writing during the period that is not less than two months before the end of the term and not later than two months after the start of the renewed term, stating that You do not want Our Contract with You in relation to that Service to automatically renew.

(b) If We receive a notice from You within the timeframe set out in condition 6.2(a), We will not charge You an early termination fee to cancel Our Contract with You.

7.3 Residential and Small Business Customers

(a) Conditions 7.1 and 7.2 do not apply to Residential Customers or Small Business Customers.

(b) For the avoidance of doubt, We will provide the Services to Residential Customers or Small Business Customers from the Service Commencement Date on a month by month basis and Our Contract with Residential Customers or Small Business Customers may be terminated by either party giving 1 calendar months’ notice.

  1. Payment of Service Fees

You agree to pay the Service Fees in accordance with Our Contract with You.

  1. Payment of Billing Fees

(a) You agree to pay the Save The Planet Fee as set by Active Utilities Pty Ltd for the printing and manual delivery of Your monthly invoice.

(b) You acknowledge You can waiver the Save The Planet Fee should You opt out of paper bill and receive Your monthly invoice via electronic delivery (E-Mail) or via Your self-service customer portal.

  1. Interest

We may charge interest on any overdue accounts at the rate calculated by adding 3% to the prevailing unsecured Overdraft rate offered by the Australia and New Zealand Banking Group Limited at the time the account first becomes overdue.

  1. Goods and Services Tax

Any amount referred to in Our Contract with You excludes GST. If GST is imposed on any supply made by Us to You, GST will be added to the amounts referred to in the Active Utilities’ Fee Schedules and billed to You on the invoices issued pursuant to the Active Utilities’ Terms and Conditions.

  1. Our Liability

In addition to Your rights under the ACL, We accept responsibility for Liability resulting from Our breach of this Contract and Our negligence where such Liability is reasonably foreseeable. However, We exclude Liability to You for all loss or damage that was not reasonably foreseeable, was not caused by Our breach of this Contract or Our negligence, was related to amounts for business losses (such as lost data, lost profits or business interruptions), suffered by third parties, was caused by circumstances outside of Our reasonable control, or was caused, or contributed to, by Your breach of Our Contract with You or Your negligence.

  1. Warranties

(a) To the fullest extent permitted by law, all warranties implied by common law or statute are excluded from Our Contract with You unless expressly included. However, if any part of Our Contract with You is unlawful, unenforceable or invalid, that part is to be treated as removed from Our Contract with You, but the rest of Our Contract with You is not affected.

(b) You and We must fully comply with all Applicable Laws in relation to the Services and any ancillary services We supply to You under Our Contract with You.

  1. Special conditions for provision of the Services

14.1 Compliance with Applicable Laws

In acquiring, purchasing and using the Services, You agree that You will:

(a) comply with all Applicable Laws relating to the provision and use of the Services, and that You will not use the Services in any way that constitutes, or could be reasonably taken to constitute, a breach of any Applicable Laws relating to the provision or use of the Services; and

(b) indemnify Us and Our officers, employees, contractors, agents, servants and Related Bodies Corporate for any Liability that may be incurred by Us or Our officers, employees, contractors, agents, servants and Related Bodies Corporate as a result of a breach by You of the obligations contained in this clause.

14.2 Cooperation with Us in relation to provision of the Services

You must comply with such reasonable requests as may be made by Us in relation to the provision of the Services, including, without limitation, granting Us and Our contractors, servants and agents reasonable access to the premises at the Supply Address to which the Services are provided for the purposes of, without limitation, inspecting, maintaining and repairing the equipment used to provide the Services.

  1. Means of Communication

Except where a particular method of communication is specified by the Active Utilities’ Terms and Conditions or any Applicable Laws:

(a) any communication between Us and You under Our Contract with You may be in writing, by telephone or by electronic means such as e-mail to an agreed address; and

(b) any communication under Our Contract with You required to be in writing may be delivered by post to the Supply Address, facsimile or email.

  1. Governing Law

Our Contract with You is governed by the laws applicable in the State in which the Supply Address is located  and each party submits to the non-exclusive jurisdiction of the courts of that State.

  1. General

17.1 Waiver and Variation

(a) Except as otherwise provided in Our Contract with You, a right created under Our Contract with You may not be waived except in writing by the party granting the waiver.

(b) Other than as required or permitted by any Applicable Laws or the terms of Our Contract with You, any variation of Our Contract with You must be made in writing and signed by the parties.

(c) We may vary Our Contract with You to the extent reasonably necessary to comply with any change in any Applicable Laws to the extent permitted by the relevant Applicable Laws and in accordance with Our Contract.

17.2 Variations

(a) Our Contract with You may be varied by agreement between Us where:

(i) We have given You at least 28 days’ prior written notice of the variation to Our Contract with You; and

(ii) You have accepted that change by not terminating Our Contract with You prior to the end of that 28 day period.

(b) You may end Our Contract with You immediately if the variation is not acceptable to You by giving Us notice.

17.3 Assignment

(a) Subject to any Applicable Law and any term to the contrary in the Voice and Data Terms and Conditions, the Hot Water Terms and Conditions and the Power Supply Terms and Conditions, You must not assign, transfer or novate Our Contract with You.

(b) We can assign, transfer or novate Our Contract with You or transfer You as a customer to any of Our Related Bodies Corporate or as part of the transfer to the same third party of all or substantially all of one of Our business segments. We will provide You with advance notice of any such assignment, transfer or novation.

(c) We may also assign, transfer or novate Our Contract with You, and/or transfer You as a customer, to any third party with Your consent.

  1. Information and communication

18.1 Information We require from You and Your Privacy

(a) You authorise Us to collect Personal Information about You for the primary purpose of the supply or proposed supply to You of Services in accordance with Our Contract with You. You also authorise Us to collect Personal Information about You for the following related (or secondary) purposes:

(i) billing and account management;

(ii) business planning and development; and

(iii) product development.

(b) You must ensure that Your name and Supply Address are correctly set out on Your Application and must provide Us with identification before any Services are supplied to Your Supply Address.

(c) You must also advise Us promptly if there is any change in:

(i) responsibility for paying the supply account;

(ii) Your contact details;

(iii) the major purpose of using Your Service (if applicable) at the Supply Address;

(iv) access to the Meter (if applicable);

(v) any other equipment related to Us supplying You with the Services.

(d) Our obligations under Our Contract with You are subject to You providing Us with this information and any other Personal Information We reasonably request from You, and We may not be able, or may refuse, to supply You with the Services if You do not provide this information.

(e) Where possible, We will collect this information from You, but We may obtain this information from third parties (including credit reporting bodies).

(f) If You provide Us with Personal Information about another person (such as an additional account holder), please make sure You tell them that their information has been provided to Us and make them aware of the matters in these General Terms and Conditions. Our detailed privacy statement is available at https://www.activeutilities.com.au/legal.

18.2 How We Use and disclose Personal Information about You

(a) You authorise Us to use and disclose Personal Information about You for the purposes set out in clause 16.1(a), and You acknowledge that We may use and disclose Personal Information for the secondary purposes set out in that clause. You authorise Us to disclose Personal Information about You between Us and:

(i) any party acting as Our principal, agent or contractor in the performance of Our obligations or the exercise of Our rights under Our Contract with You (such as mail houses, data processors and debt collection agencies;

(ii) the Third Party Provider or any other market operator;

(iii) any other persons or organisations with which We have established commercial relationships, and which provide products or services related to the supply or proposed supply to You of the Services in accordance with Our Contract with You.

(b) You acknowledge that in certain circumstances, We may be permitted or required by any Applicable Laws to use or disclose Personal Information about You, including Your name, address and other details. Such uses or disclosures may include, without limitation:

(i) disclosures to certain law enforcement agencies for purposes relating to the enforcement of criminal and other laws;

(ii) uses or disclosures in accordance with a court order or required or authorised by any Applicable Laws;

(iii) uses or disclosures to lessen or prevent serious and imminent threats to an individual’s life, health or safety, or to lessen or prevent a serious threat to public health or safety; or

(iv) uses to assist in internal investigations into suspected fraud or other unlawful activities.

18.3 Access to information

We will provide You with access, on request, to Personal Information We hold about You, unless We are required by any Applicable Laws to refuse such access. You should contact Us to make an access request.

18.4 Consent to provision of certain information by Us

In acquiring the Services from Us, You agree that We may pass certain Confidential Information on to a Third Party Provider or other third party (including an Authority) from time to time, including information relevant to telecommunications directories and other related services, and You consent to Us passing such Confidential Information on to a Third Party Provider or other third party.

  1. Credit Reporting

19.1 Notice of disclosure of Your credit information to a credit reporting agency (Privacy Act 1988)

In addition to the authorities granted to Us under clause 18, You also authorise Us to give information about You to a credit reporting agency for the following purposes:

  • to obtain a consumer credit report about You; and/or
  • allow the credit reporting agency to create or maintain a credit information file containing information about You.

This information is limited to:

  • identity particulars – Your name, sex, address (and the previous two addresses), date of birth, name of employer, and drivers license number;
  • Your application for credit or commercial credit – the fact that You have applied for credit and the amount;
  • the fact that We are a current credit provider to You;
  • loan repayments which are overdue by more than 60 days, and for which debt collection action has started;
  • advice that Your loan repayments are no longer overdue in respect of any default that has been listed;
  • information that, in Our opinion, You have committed a serious credit infringement (that is, acted fraudulently or shown an intention not to comply with Your credit obligations); and
  • dishonoured cheques – cheques drawn by You for $100 or more which have been dishonoured more than once.

19.2 Period to which this understanding applies

This information may be given before, during or after the provision of credit to You.

19.3 Information about Your Commercial Creditworthiness

(a) Where You are applying for consumer credit, You agree that We may also obtain information about You from a business which provides information about the commercial creditworthiness of persons for the purpose of assessing Your Application.

(b) Where You are applying for commercial credit, You agree We may also obtain a consumer credit report for commercial credit purposes from a credit reporting agency containing information about You for the purpose of assessing Your Application.

(c) If You are purchasing, or have agreed to purchase, Services from Us, You agree We may exchange permitted credit information about You with other credit providers to assess Your creditworthiness and in circumstances of default (either with Us or with the other credit provider).

  1. Force Majeure

(a) Your and Our obligations under Our Contract with You will be suspended to the extent to which they are affected by an event beyond Your or Our reasonable control (as the case may be).

(b) If Your or Our obligations are suspended under this clause, We or You must give the other prompt notice of the suspension including full particulars of the affecting event, an estimate of its likely duration, the obligations affected by it and the extent of its effect on those obligations and the steps taken to remove, overcome or minimise its effects.

(c) For the purposes of this clause, if the effects of the event are widespread We will be deemed to have given You prompt notice if We make the necessary information available by way of email within 90 minutes of being advised of the event, or otherwise as soon as practicable.

(d) If We or You claim the benefit of this clause, We or You must use best endeavours to remove, overcome or minimise the effects of the affecting event as quickly as possible. However, this does not require either of Us to settle any industrial dispute in any way We do not want to.

 

Voice and Data Terms and Conditions

 

  1. Interpretation

In these Voice and Data Terms and Conditions the meaning of words that begin with a capital letter and the rules for interpretation can be found in the Active Utilities’ Glossary of Terms.

  1. Limitations to Voice and Data Services

You acknowledge and agree that:

(a) We acquire some or all of the Voice and Data Services from a Third Party Provider;

(b) these Voice and Data Terms and Conditions are subject to the terms and conditions upon which We obtain the Voice and Data Services from the Third Party Provider;

(c) except as (and then only to the extent required by) the ACL or any other Applicable Laws, in providing the Voice and Data Services to You, We will in no way be obliged to provide You with levels of service or performance which in any way exceed the levels of service and performance which the Third Party Provider is obliged to provide to Us; and

(d) given the nature and mode of delivery of Our Voice and Data Services, We are unable to guarantee and are not otherwise obliged to provide You with telephone number and/or internet protocol address portability in connection with, or the expiry or earlier termination of, Our Contract with You.

  1. Payment for Voice and Data Services

3.1 Voice and Data Fee Schedule

You agree that the Active Utilities’ Voice and Data Fee Schedule forms part of these Voice and Data Terms and Conditions.

3.2 Payment

You agree to pay Us the Voice and Data Service Fees as set out in the Voice and Data Fee Schedule for the Voice and Data Services in accordance with these Voice and Data Terms and Conditions and for any early termination fee pursuant to clause 4.3(a).

3.3 Invoicing

We will invoice You as soon as practicable after the last business day of each calendar month or at an agreed time for:

(a) Voice and Data Services provided by Us to You during the month in which the invoice is prepared;

(b) Excess Data (if any) provided by Us to You during the month in which the invoice is prepared;

(c) the Monthly Data Allowance to be provided by Us to You during the month following the month in which the invoice is prepared; and

(d) where applicable, an early termination fee pursuant to clause 4.3(a).

(e) If detailed itemised call data is required for previous billing period a request must be submitted to Us in writing. The requested information will be delivered no later than 15 Business days after the request at a fee of $0. Please note additional fees may be payable if data is required from greater than 2 previous billing periods.

3.4 Time for payment

You must pay Us the full amount shown on an invoice issued under these Voice and Data Terms and Conditions within fourteen (14) days of the date of the invoice, or such other date as may be specified on the invoice. If You do not make this payment to Us within this time, then You must pay any applicable late payment fee in addition to the amount shown on the invoice.

3.5 Disputes over invoices and Voice and Data Service Fees

If You do not agree with the amount payable under an invoice issued pursuant to these Voice and Data Terms and Conditions, You may, by notice in writing to Us, dispute the invoiced amount. If the dispute cannot be resolved by agreement between Us and You, You may lodge a complaint with the Telecommunications Industry Ombudsman.

3.6 Payment of disputed invoices

You must pay any amount due and payable under an invoice issued pursuant to these Voice and Data Terms and Conditions within the time specified for payment, even though You dispute the amount payable under the invoice and give Us notice of Your dispute in accordance with these Voice and Data Terms and Conditions. Upon resolution of the dispute, if We agree with You that the amount specified on the invoice is:

(a) greater than the amount that You owe to Us in respect of the Voice and Data Services provided during the period to which the invoice relates, then We will refund You the difference;

(b) equal to the amount that You owe to Us in respect of the Voice and Data Services provided during the period to which the invoice relates, then no amounts in addition to the amount paid will be payable by You or refundable by Us; or

(c) less than the amount that You owe to Us in respect of the Voice and Data Services provided during the period to which the invoice relates, then You will pay the difference to Us within seven (7) days of such agreement.

3.7 Security for payment

We, or a Related Body Corporate of Ours, may require You to provide financial security for the payment of any amounts owing by You to Us under these Voice and Data Terms and Conditions and You agree that We may apply that security wholly or partly against any amount You owe Us under these Voice and Data Terms and Conditions.

  1. Termination

4.1 When We may cease providing You with the Voice and Data Services

We may, at any time, by notice in writing to You, suspend or cease providing You with the Voice and Data Services under Our Contract with You if:

(a) You fail to pay an amount owing to Us in relating to the Voice and Data Services, in whole or in part, within fourteen (14) days of the date on which such amount is due; or

(b) You breach Our Contract with You, including without limitation Your obligation to comply with all Applicable Laws or, in Our reasonable opinion, You otherwise misuse the Voice and Data Services and You do not remedy such breach or misuse within fourteen (14) days; or

(c) We are prevented or otherwise unable to obtain the Voice and Data Services from a Third Party Provider; or

(d) You become Insolvent.

4.2 Costs of reconnection following suspension

If We suspend the provision of Voice and Data Services under Our Contract with You in accordance these Voice and Data Terms and Conditions, then You must pay the applicable reconnection fee to Us before We agree to cancel the suspension of the provision of the Voice and Data Services and resume providing You with the Voice and Data Services.

4.3 Early Termination Fee

(a) If the Application specifies that Our Contract with You is for a fixed term, and You terminate Our Contract with You before expiry of that fixed term, We may charge You an early termination fee calculated according to the following formula:

Early Termination Fee = ($X x 50%) x Y

Where:


$X is Your average monthly spend under Our Contract with You; and

 

Y is the aggregate amount of months remaining before the expiry of the fixed term of Our Contract with You.

(b) We will invoice You for the early termination fee if it becomes payable pursuant to clause 4.3(a) of these Voice and Data Terms and Conditions.

(c) You must pay the full amount of the early termination fee on presentation of an invoice in accordance with clause 4.3 of these Voice and Data Terms and Conditions.

  1. Data Services

In the event that You have selected Data Services in Your Application, We will use reasonable care and skill to provide the Data Services to You. Any unused usage allowance expires at the end of each month. Once You have reached Your usage allowance, speeds will be slowed to 256kbps. No additional usage charges apply. Monthly usage allowance means monthly combined upload and download data transfer (1 Gigabyte = 1000 Megabytes) In accepting the Data Services, You must:

(a) abide by the Policy of Appropriate Use and ensure any persons accessing or otherwise using the Data Services provided by Us to You also abide by the policy;

(b) maintain proper security relating to Your account details, data and passwords;

(c) do not connect any unauthorised equipment to the equipment used to provide You with the Data Services;

(d) on a regular basis monitor Your email for messages regarding the Data Services; and

(e) acknowledge that:

(i) You are liable for any loss or unauthorised interception of Your Data

Service, as a result (in whole or in part) of the introduction of Your own wireless connection; and

(ii) We may (but are not obliged to) monitor the Data Services provided to You to allow Us to investigate to ensure compliance, or otherwise, with the Policy of Appropriate Use.

  1. Indemnity

You indemnify Us against any loss, damage, liability, expense, cost, claim or charge arising from or incurred in connection with any fault in or arising in relation to the facilities, equipment and software used to provide the Services, which arises, in whole or in part, due to Your negligence or wilful misuse, or any unauthorised use of the Voice and Data Services, the software or the equipment used to deliver the Voice and Data Services, or a breach by You of the Policy of Appropriate Use, or as a result of any equipment provided by You.

7 Limitation of Liability

7.1 Australian Consumer Law

The ACL provides certain statutory guarantees, conditions, warranties and other rights that cannot be excluded or limited. To the extent the ACL applies to Our Contract with You, this clause 7 is subject to, and will not apply to the extent of, any such non-excludable rights under the ACL.

7.2 Limitation of Liability

(a) Subject to clause 7.2(b):

(i) all conditions, warranties and representations (whether express or implied) not expressly set out in Our Contract with You are excluded; and

(ii) Without derogating from clause 6, You agree that We are not, and You shall not hold Us, liable for any loss or damage (however caused) suffered by You or any third party in connection with the provision of Voice and Data Services under Our Contract with You and/or any subsequent use application modification embodiment or adaptation of the Voice and Data Services and You release Us from liability for, and otherwise shall protect and hold Us harmless from and against, a claim for any such loss or damage.

(b) If any Applicable Laws (including the ACL) imply a condition or warranty into Our Contract with You in respect of Voice and Data Services supplied by Us, and Our liability for breach of that condition or warranty cannot be excluded or restricted by law but may be limited, clause 7.2(a) does not apply to that liability and instead Our liability for any breach of that condition or warranty is limited to Us doing either or any combination of the following (at Our election):

(i) supplying the Voice and Data Services again;

(ii) paying the cost of having the Voice and Data Services supplied again;

(iii) cancelling Our Contract with You and providing You with a refund for any Services paid for but not provided; and/or

(iv) applying any other limitation permitted by Applicable Laws (including the ACL).

(c)    For the avoidance of doubt, where We are liable to You for any Liability or to pay You any refunds, rebates, damages or other compensation (“Compensation”) under Our Contract with You the following applies, to the extent permitted by Applicable Laws (including the ACL):

(i) We exclude any Liability to You for any indirect, special or consequential loss or damage suffered or incurred by You; and

(ii) the amount of Compensation that We have to pay You will be reduced to the extent that the event giving rise to the obligation to pay Compensation has been caused or contributed to by You.

 

Hot Water Terms and Conditions

 

  1. Interpretation

In these Hot Water Terms and Conditions the meaning of words that begin with a capital letter and the rules for interpretation can be found in the Active Utilities’ Glossary of Terms.

  1. Supply of Hot Water

2.1 Hot Water Services

(a) Subject to Your Application being approved by Us, We agree to supply the Hot Water Services to Your Supply Address.

(b) You authorise Us or Our authorised representatives to read the Meter for the purposes of measuring Your consumption of Hot Water Services. We will maintain the Meter for Your Supply Address. In some circumstances, We also maintain the Central Water Heating System. We or Your body corporate can advise You whether We or the body corporate is responsible for maintenance of the Central Water Heating System for Your Supply Address.

(c) We are not responsible for:

(i)the supply of water, natural gas, LPG or electricity under these Hot Water Terms and Conditions; or

(ii)    the instalation, maintenance or repair of pipes or other works which facilitate the supply of water to and within Your Supply Address.

2.2 Security deposit

(a) We may require You to pay Us a security deposit or other form of credit support on request if We determine that You have an unsatisfactory credit rating, if You do not have a satisfactory payment record or if You are in rental accommodation. You must provide the security deposit or credit support in the amount and within the time required by Us (acting reasonably) and through a means acceptable to Us (e.g. cash or bank cheque).

(b) We may use the security deposit or credit support to offset any overdue amount and will give You notice if We do so.

(c) We will release the security deposit or credit support on termination of Our Contract with You once all outstanding amounts to Us have been satisfied.

  1. Payments and Billing

3.1 Hot Water Service Fees

You must pay Us the Hot Water Service Fees, which include:

(a) the usage charges for the supply of Hot Water Services, which are based on the greater of either:

(i) the tariff specified on Your bill and Your consumption of Hot Water Services; or

(ii) the minimum charge. The minimum charge covers fixed costs and the amount can be found on Your bill. Further information about this charge is available from Our Call Centre;

(b) if applicable, one or more charges which covers fixed costs, including the cost of supplying, maintaining and reading the Meter. These charges may be described as one or more of a “water meter fee”, “service charge”, or “service to property charge” on Your bill. The applicable charge and the amount can be found on Your bill. Further information about these charges is available from Our Call Centre;

(c) if applicable, a service fee which covers the costs of maintaining the Central Water Heating System. The amount of this charge can be found on Your bill. Further information about this charge is available from Our Call Centre;

(d) an account establishment fee, which is payable when You open a new account for Hot Water Services. The amount of this fee will be set out on Your first bill;

(e) a card payment fee, which applies if You choose to pay by Mastercard or Visa or any other payment method where We incur a merchant services fee. The amount of this fee is set out in the payment options section of Your bill;

(f) a late payment fee, which may apply for each bill paid after the due date set out on Your bill except if Your Supply Address is in Victoria. The amount of this fee will be set out on Your bill;

(g) a disconnection fee, which is a fee which applies where We disconnect Your Hot Water Services under clause 4.1(a)(ii) of these Hot Water Terms and Conditions (i.e. where You have failed to pay Your bill by the due date);

(h) a reconnection fee, which is a fee which applies where We reconnect Your Hot Water Services after it has been disconnected under clause 4.1(a)(ii) of these Hot Water Terms and Conditions (i.e. where You have failed to pay Your bill by the due date);

(i) a final meter reading fee, which applies when Your account for Hot Water Services is closed; and

(j) any taxes, imposts, levies, regulated charges, costs, fees and charges that We have to pay (directly or indirectly) when We supply services to You under Our Contract with You.

3.2 Other Payments

If You breach Our Contract with You, You will be required to pay any reasonable costs We incur as a result of that breach, as well as any reasonable fees We charge in relation to that breach. The amount We recover from You will not be more than Our entitlement for compensation under the law.

3.3 Variations and Increases in Hot Water Service Fees

We may vary the Hot Water Service Fees by notice to You at any time. The notice could take the form of a message contained in Your bill, and will specify the effective date of the variation. You may end Our Contract with You immediately if the variation is not acceptable to You by giving Us notice.

3.4 Billing

(a) We will issue a bill to You at Your Supply Address or at another address You nominate. The billing period will generally be at least every 3 months and in Victoria will generally be every 2 months. We may change the billing period by notice to You.

(b) You must pay each bill in full by the due date on the bill. The accepted payment methods are set out on Your bill. If for whatever reason You cannot pay by the due date, You must advise Us as soon as possible.

(c) If You fail to pay the amount payable by the due date, We may:

(i) apply any security deposit or credit support We hold towards payment of the bill;

(ii) disconnect or suspend the supply of Hot Water Services (see clause 4 of these Hot Water Terms and Conditions);

(iii) refer Your bill for collection by a debt collection agency; and/or

(iv) charge You a late payment fee and a fee covering Our reasonable costs of recovering any outstanding amount from You.

3.5 If there is an error in the bill

(a) If there are errors in Your bill or if We are informed of errors in the amount of hot water delivered to Your Supply Address, We will refund any amount overcharged or charge You the amount that You were undercharged on the next bill.

(b) If You were undercharged (including the omission of any charges), except by reason of any fraud or use of hot water other than as permitted under Our Contract with You, We will:

(i) only seek to recover any amount undercharged in the 12 months prior to Your last bill (or, if We have not sent You a bill, prior to the date on which We notify You of the undercharging); and

(ii) list the amount as a separate item in a special bill or in the next bill in Your Billing Period, together with an explanation of the amount.

(c) You will not be charged interest on any undercharged amount.

(d) If You were overcharged, We will:

(i) inform You of the overcharging within 10 business days after We become aware of the overcharging; and

(ii) seek Your instructions as to how You wish Us to refund the amount by which You have been overcharged, or credit the amount on Your next bill if You do not give Us other instructions.

(e) We are not obliged to pay You interest for any overcharging.

  1. Disconnection, Reconnection and other Interruptions to Supply

4.1 Disconnection

(a) We may suspend or disconnect the Hot Water Services to Your Supply Address in the following circumstances:

(i) on Your request;

(ii) if You fail to pay Your bill by the due date, or fail to adhere to an agreed instalment plan or payment option;

(iii) if You have failed to provide Us, or Our authorised representative, access to Your Meter for three consecutive Meter readings;

(iv) if it is required as a result of any emergency, health and safety reason, or dangerous situation; or

(v) if We need to do so in connection with the supply of Services to You or to undertake work on the Central Water Heating System or the Meter.

(b) We will give You notice before We disconnect under clauses 4.1(a)(ii) and 4.1(a)(iii) of these Hot Water Terms and Conditions.

(c) Where We refer to suspending or disconnecting the Hot Water Services to Your Supply Address, this may include stopping the supply of hot water to Your Supply Address.

4.2 Reconnection

(a) If We have suspended or disconnected the Hot Water Services to Your Supply Address for any of the reasons set out in clauses 4.1(a)(ii) or 4.1(a)(iii) above, We will remove the suspension or arrange reconnection at Your request after You have rectified the reason for disconnection and paid any applicable disconnection and reconnection fees.

(b) If We have suspended or disconnected the Hot Water Services to Your Supply Address for any of the reasons set out in clauses 4.1(a)(iv) and 4.1(a)(v) above, We will remove the suspension or arrange reconnection of Your Hot Water Services as soon as practicably possible.

  1. Termination

5.1 Vacating the Supply Address

(a) If You intend to move from Your Supply Address, You must give Us at least 5 business days’ notice of the date You intend to vacate, and giving Us a forwarding address where We can send Your final bill.

(b) You will be responsible for all Hot Water Service Fees under Our Contract with You until the end of this notice period, or if You do not provide access to the Meter, until We are given access to the Meter.

5.2 Termination of the Hot Water Supply

(a) You can end Our Contract with You at any time by giving Us 1 calendar months’ written notice. We may end Our Contract with You at any time by giving You 6 calendar months’ written notice.

(b) If either party has materially breached Our Contract with You, the other party can end Our Contract with You immediately by written notice.

(c) After Our Contract with You ends, We may choose to disconnect and remove the Meter. You must allow Us and Our authorised representatives safe, convenient and unhindered access to the Supply Address or other location for the purpose of disconnecting the Meter.

(c) If You continue to take supply of Hot Water Services after Our Contract with You ends and You have not entered into a new agreement with Us, then the terms and conditions of Our Contract with You will continue to apply.

  1. Access and ownership to Meters

(a) At all times, We retain ownership of the Meter installed in connection with the Hot Water Services.

(b) When relevant, You must allow Our authorised representatives safe, convenient and unhindered access and Us to Your Supply Address or other location for the purposes of reading and maintaining the Meters.

Power Supply Terms and Conditions

 

Active Utilities’ – Power Services

Things You Should Know

We may, by notice to You, vary the charges under these Power Supply Term and Conditions as contained in the Power Supply Fee Schedule to reflect specific variations in Our costs of, and in connection with, purchasing, selling or supplying electricity to You. These include:

  • increases in energy costs;
  • variations in distribution costs;
  • increases in market charges;
  • increases in metering charges;
  • loss factors and unaccounted for energy changes;
  • tax changes; and
  • changes in any Applicable Laws,

as set out in, and to the extent permitted under, the Power Supply Terms and Conditions.

We may, without prior notice, vary the charges under these Power Supply Terms and Conditions to reflect variations in the Consumer Price Index annually on 1 January of each year (or on such other date as We notify You).

By accepting these Power Supply Terms and Conditions and requesting as part of Our Contract with You that We supply electricity to You, You authorise:

  • Us to request Your Distributor to provide Your electricity usage data; and
  • Your Distributor to release to Us Your electricity usage data, for the 12 months preceding Your last meter read.

 

You are under no obligation to purchase electricity from Us, and may choose to purchase Your electricity from a licensed retailer.

By entering into Our Contract with You and accepting the Power Supply Terms and Conditions You acknowledge and accept that We supply You with electricity as agent for the Building Owner / Owners Corporation (as the case may be).

Specific information may relate to Our Supply to You depending on the State in which the Supply is made.

 

 

  1. Interpretation

In these Power Supply Terms and Conditions the meaning of words that begin with a capital letter and the rules for interpretation can be found in the Active Utilities’ Glossary of Terms.

  1. State Specific Terms and Conditions

In addition to these Power Supply Terms and Conditions and depending on the State in which the Power Services are supplied to You by Us, any applicable State Specific Terms and Conditions become part of these Power Supply Terms and Conditions (and such State Specific Terms and Conditions prevail to the extent of any inconsistency).

  1. Supply of electricity

3.1 Our role as Agent

You acknowledge that We act as the appointed agent for and on behalf of the building owner or Owners Corporation (as the case may be) of the Supply Address in respect of the on-selling of electricity to the Supply Address.

3.2 Connection to Distribution System

(a) The supply of electricity under Our Contract with You depends on the Supply Address being connected to the electricity Distribution Systems in accordance with all Applicable Laws.  Each Distribution System is operated by the relevant Distributor.

(b) We will acquire connection and distribution services from the Distributor in order to supply You with electricity under Our Contract with You. Any charges imposed by the Distributor for these services will either be directly passed through to You or be built into the bundled charges payable under Our Contract with You.

3.3 Supply commencement date

(a) We will use Our best endeavours to commence supplying You with electricity on the Service Commencement Date.  However, where the conditions below have not been met by that time, or no Service Commencement Date has been nominated, We will commence supplying You with electricity as soon as practicable after the following conditions have been met:

(i) all necessary transfers have been completed to allow Us to supply You with electricity in accordance with all Applicable Laws;

(ii) You are connected to the relevant Distribution System in accordance with all Applicable Laws;

(iii) the relevant cables and appliances at the Supply Address are certified as complying with the necessary standards and legislation, and there is a Meter available for Our use;

(iv) You have provided on request from Us a refundable advance (if applicable under Applicable Laws), or entered into a payment arrangement; and

(v) You have paid or arranged to pay all amounts owing by You to Us other than a debt which is the subject of an unresolved dispute.

(b) We may charge You a connection fee as set out in the Power Supply Fee Schedule if You do not currently acquire electricity from Us at the Supply Address.

  1. Termination

4.1 Termination of the Power Supply

You may terminate the supply of electricity under Our Contract with You in accordance with the provisions of any Applicable Laws.

4.2 Early Termination Fee

If the Application specifies that Our Contract with You is for a fixed term, and You terminate Our Contract with You before the expiry of that fixed term, We may charge You an early termination fee. The early termination will be the aggregate of the amount derived by the following formula (X) and $20:

X, being the amount derived in accordance with the following formula:

X = $A / B x C

 

Where:

$A is the direct cost of procuring Your entry into Our Contract as calculated by Us in the event of such termination.

 

B is the total number of months comprising the fixed term of Our Contract with You; and

 

C is the number of months remaining before the expiry of the fixed term of Our Contract with You.

4.3 Transfer to another retailer

Subject to clause 4.1, You have the right to elect to purchase electricity from a licensed retailer of Your choice. If You wish to transfer to another retailer:

(a) We will continue to supply You with electricity at the charges applying under Our Contract with You at the earliest transfer date set out in the notice until the next scheduled meter reading occurring after that date; and

(b) We will terminate the supply of electricity to You under these Power Supply Terms and Conditions on the commencement of Your obligation to pay the retailer under Your new arrangements with that retailer.

4.4 Vacating the Supply Address

Subject to clause 4.1,

(a) You must give Us notice that You intend to vacate or have vacated the Supply Address, including the vacation date and a forwarding address to which a final bill may be sent.

(b) Subject to subclause (c) below, if You give Us notice that You intend to vacate or have vacated the Supply Address, You must pay Us for electricity consumed at the Supply Address in accordance with these Power Supply Terms and Conditions until the later of:

(i) three Business Days after You give Us notice; and

(ii) the date You vacate the Supply Address.

(c) Your obligation to pay Us for electricity consumed at the Supply Address under these Power Supply Terms and Conditions ceases earlier than the date provided for in subclause (b) above in the following circumstances:

(i) if You demonstrate to Us that You were evicted or otherwise forced to vacate the Supply Address, the date on which the You give Us notice under clause 0;

(ii) if You enter into a new supply arrangement with Us in relation to the same Supply Address, Our obligation to supply electricity to You under these Power Supply Terms and Conditions will cease on the commencement of Your obligation to pay under the new arrangement;

(iii) if another retailer becomes responsible for the electricity supplied at the Supply Address for the purposes of settlement by AEMO under any Applicable Laws, the date on which the new retailer becomes so responsible; and

(iv) if the Supply Address is disconnected, the date on which the Supply Address is disconnected.

4.4 Breach

If the Supply Address is disconnected from the relevant Distribution System for Your breach of these Power Supply Terms and Conditions, and You do not have a right under these Power Supply Terms and Conditions to be reconnected or You have entered into another supply arrangement with Us or another retailer in respect of the Supply Address, any obligation of Ours to reconnect or continue to supply electricity to You under these Power Supply Terms and Conditions ceases effective immediately.

4.5 Consequences of Termination of supply

You are responsible for paying for all electricity consumed at the Supply Address at the charges set out in Our Contract with You until the termination of supply. Termination of supply will not affect Your or Our obligation to pay any amount due at the date the supply is terminated, or any accrued rights or remedies that We or You may have under Our Contract with You.

4.6 Meter Number Portability

You acknowledge and agree that given the nature and mode of delivery of Our Power Services, We are unable to guarantee and are not otherwise obliged to provide You with meter number portability in connection with, or the expiry or earlier termination of, Our Contract with You.

  1. When We can disconnect Your Power Supply

5.1 Non-payment

We may disconnect the Supply Address if You fail to pay by the pay-by date any charges at the current or any previous Supply Address, but only if:

(a) the failure does not relate to an instalment under Your first instalment plan with Us;

(b) We have given You:

(i) a reminder notice at least 14 Business Days after the dispatch of the bill, including a new pay-by date at least 20 Business Days after the dispatch of the bill (unless You are on a shortened Billing Period, in which case We will not give You a reminder notice); and

(ii) a disconnection warning at least 22 Business Days after the dispatch of the bill, including a new pay-by date at least 28 Business Days after the dispatch of the bill (unless You are on a shortened Billing Period, in which case the disconnection warning and new pay-by date will be at least 16 Business Days and 20 Business Days respectively from the dispatch of the bill);

(c) the disconnection warning includes a statement that We may suspend supply or terminate Our Contract with You on a day at least 7 Business Days after You receive the disconnection warning, and a telephone number for payment assistance enquiries;

(d) if You call that number, We have responded to Your enquiry and provided information about financial assistance; and

(e) before disconnection, You:

(i) do not provide Us with a reasonable assurance that You are willing to pay Our bills; or

(ii) do provide a reasonable assurance, but then do not pay the amount payable by the pay by date on the disconnection warning (unless previously agreed with Us), and do not agree to a new payment arrangement within 5 Business Days of receiving the warning or do not make payments under such a new payment arrangement.

5.2 Denial of access

We may disconnect the Supply Address if, due to acts or omissions on Your part, the Supply Address is inaccessible for the purpose of reading the Meter for 3 consecutive bills provided that:

(a) We have used Our best endeavours to give You an opportunity to offer reasonable access arrangements, given You a notice requesting access each time the Meter is inaccessible, and given You at least 7 Business Days’ notice of disconnection; and

(b) due to acts or omissions on Your part, the Supply Address continues to be inaccessible for the purpose of reading the Meter.

5.3 Unauthorised or illegal access

If You have obtained supply of electricity otherwise than in accordance with Our Contract with You or any relevant Applicable Laws, We may disconnect the Supply Address.

5.4 Refusal of security

If You refuse to pay a refundable advance security deposit, or security levy or to provide a bank guarantee where they are required by Us, and continue this refusal 7 Business Days after receiving a disconnection warning, We may disconnect the Supply Address or request that the Distributor disconnect the Supply Address.

5.5 Disconnection and reconnection

We will not disconnect the Supply Address except in accordance with all Applicable Laws.  We will reconnect the Supply Address in accordance with all Applicable Laws.

  1. Power charges

6.1 Power Supply Schedule of Fees

You agree that the Power Supply Fee Schedule as amended and varied from time to time forms part of these Power Supply Terms and Conditions.

6.2 Charges and variations

(a) The initial charges are as set out in the Power Supply Fee Schedule.

(b) The basis for the calculation of charges under these Power Supply Terms and Conditions will be:

(i) if the Power Supply Fee Schedule states a bundled rate, then the charges will be calculated by multiplying Your electricity consumption during the Billing Period by the applicable bundled rate;

(ii) if the Power Supply Fee Schedule states separate rates of charges then the charges payable by You will be the sum of:

(A) for energy consumption rates, the amount resulting from multiplying Your electricity consumption during the Billing Period by the applicable energy consumption rate; and

(B) for daily rates, the amount resulting from multiplying the number of days in the Billing Period by that daily rate.

(iii) if the Power Supply Fee Schedule states different rates of charges for separate periods (such as an off-peak or peak rate) within a Bill Period for an energy consumption rate or a bundled rate then the charges will be the sum of Your electricity consumption during any separate periods within the Billing Period multiplied by the applicable energy consumption rate or bundled rate for that separate period.

6.3 Increases in energy costs

(a) We may vary the charges in the Power Supply Fee Schedule to reflect any increase in Our overall costs of purchasing, selling or supplying electricity (including costs arising from increased price risk and Our costs of minimising or meeting that price risk) including increases due to:

(i) the occurrence of any ‘force majeure’ event under any third party contract to which We are a party;

(ii) the amendment, suspension or termination (either in whole or relating to any volume of electricity) of any third party contract to which We are a party; or

(iii) any new amount, or increase in any amount, passed through to Us by the other party to a third party contract which We are a party to reflect a cost incurred by that party.

(b) The amount of any such variation will be calculated by:

(i) dividing the total amount of the cost increase in relation to the relevant customer segment (which may be the whole of Our customer base) by the volume of energy purchase, in relation to that customer segment; and

(ii) applying up to the resulting amount to the charges on basis of cents per kilowatt-hour of electricity consumed at the Supply Address.

6.4 Variations in distribution costs

(a) We may vary any distribution charges provided for in the Power Supply Fee Schedule to reflect any change in the amount of, or basis for calculation of, any published charges imposed by the relevant Distributors for the transportation of electricity, whether:

(i) imposed on Us and reflected in Our charges to You; or

(ii) imposed directly on You and billed by Us on behalf of the relevant Distributor.

(b) The amount of any such variation will be calculated by the following means:

(i) if the Power Supply Fee Schedule separately identifies distribution charges, by simply passing through the new charges imposed by the Distributor; and

(ii) in any other case, by:

(A) apportioning the total estimated amount of the cost increase in relation to the relevant customer segment (which may be the whole of Our customer base) across that customer segment; and

(B) applying up to the resulting amount to the charges on the basis of cents per kilowatt-hour of electricity consumed at the Supply Address, days connected to the Distribution System, or a combination of the two.

(c) To the extent permitted by all Applicable Laws, We may also:

(i) vary any disconnection fee, reconnection fee or call-out fee to reflect any increase in Our cost of disconnection, reconnection or call-out (including any increase in any amount charged to Us by the Distributor or another contractor or agent for providing services in relation to the disconnection, connection or call-out); and

(ii) pass through to You any other charges imposed by a Distributor for services that are not included in Your charges (such as connection charges) together with Our reasonable administration charges.

6.5 Increases in market charges

(a) We may vary the Power Supply Fee Schedule to reflect any increases in market charges, any change in the amount of, or basis for calculation of, any charges imposed on Us for participation in energy markets by the relevant market operators.

(b) The amount of any such variation will be calculated by:

(i) dividing the total amount of the cost increase in relation to the relevant customer segment (which may be the whole of Our customer base) by the volume of energy purchased in relation to that customer segment; and

(ii) applying up to the resulting amount to the charges on the basis of cents per kilowatt-hour of electricity consumed at the Supply Address.

6.6 Increases in metering charges

(a) We may vary the Power Supply Fee Schedule to reflect any change in the amount of, or basis for calculation of, any charges imposed on Us by the relevant metering providers for the provision, maintenance or reading of electricity metering equipment at the Supply Address.

(b) The amount of any such variation will be calculated by the following means:

(i) if the Power Supply Fee Schedule separately identifies metering charges, by simply passing through the new charges imposed by the metering provider; and

(ii) in any other case, by apportioning the total estimated amount of the cost increase in relation to the relevant customer segment (which may be the whole of Our customer base) across that customer segment;

(iii) applying up to the resulting amount to the charge the basis of cents per kilowatt-hour of electricity consumed at the Supply Address, days connected to the Distribution System, or a combination of the two.

(c) To the extent permitted by all Applicable Laws, We may also pass through to You any charges imposed by a metering provider for services that are not included in Your charge such as additional meter readings or meter testing.

6.7 Loss factor

If the Power Supply Fee Schedule provides for variation in the case of changes in loss factors:

(a) We may vary any electricity charges to reflect any change in the applicable loss factors provided by AEMO or, estimated by Us that affect any additional amounts payable in relation to electricity that is lost through the transmission and distribution systems on the way to the Supply Address, and

(b) the amount of any such variation will be calculated by:

(i) estimating the proportion of Our costs of purchasing selling and supplying electricity that are directly affected by the volume of electricity purchased by You; and

(ii) adjusting the charges by that proportion multiplied by the new loss factor and divided by the old loss factor.

6.8 CPI increases

(a) We may vary the Power Supply Fee Schedule in the case of changes in the Consumer Price Index, on 1 January (or such other date We advise) in each year We may without prior notice adjust the charges in the Power Supply Fee Schedule to reflect any variation in the Consumer Price Index during the previous year.

(b) Any such variation will be calculated by multiplying the existing charge by the Consumer Price Index for the latest available quarter and dividing it by the Consumer Price Index for the corresponding quarter in the previous year.

6.9 Tax changes

We may adjust the Power Supply Fee Schedule to reflect any introduction of change in any taxes (including GST), imposts or charges payable by Us in relation to the purchase, sale or supply of electricity or other goods or services under these Power Supply Terms and Conditions including:

(a) any new or increased obligation imposed on Us relating to the promotion of renewable energy, the reduction of greenhouse gases or carbon emissions, or any other environmental obligations or incentives; and;

(b) the introduction of, or any amendment to or change in any law or regulation (including without limitation the GST law) or any action or decision relating to such a law or regulation that changes Our entitlement to claim input tax credits in respect of creditable acquisitions made by Us in making supplies under these Power Supply Terms and Conditions.

6.10 Changes in Applicable Laws

We may adjust Power Supply Fee Schedule to the extent necessary to pass through any costs of complying with any change in any Applicable Laws (including any new or increased obligations or charges imposed by a regulator or other authorised body under any Applicable Laws), to the extent permitted by that relevant Applicable Laws.

6.11 Timing of variations

(a) Except in the case of CPI increases, the Power Supply Fee Schedule varied in accordance with this clause will not take effect until We have given You written notice (which may consist of a statement on Your bill) notifying You of the varied Power Supply Fee Schedule, including:

(i) the date on which the varied Power Supply Fee Schedule is to take effect (being a date that is later than the date on which We give You the notice); and

(ii) a copy of the varied Power Supply Fee Schedule or details of how to access a copy of the varied Power Supply Fee Schedule.

(b) Any varied Power Supply Fee Schedule will form part Our Contract with You from the date on which the varied Power Supply Fee Schedule is to take effect as notified.

(c) If the date on which the varied Power Supply Fee Schedule is to take effect occurs during a Billing Period, then for that Billing Period the charges will be the sum of:

(i) for the period of time from the start of the Billing Period up to the day on which the varied Power Supply Fee Schedule took effect, the relevant charges calculated using:

(A) the former bundled rate or energy consumption rate and the amount of energy consumed by You during the period of time from the start of the Billing Period up to the day on which the varied Power Supply Fee Schedule took effect; and

(B) the former daily rate and the number of days from the start of the Billing Period up to the day on which the varied Power Supply Fee Schedule took effect; and

(ii) for the period of time from the day on which the variation took effect to the end of the Billing Period, the charges calculated using:

(A) the new bundled rate or energy consumption rate and the amount of energy consumed by You during the period of time from the day on which the varied Power Supply Fee Schedule took effect to the end of the Billing Period; and

(B) the new daily rate and the number of days from the day on which the varied Power Supply Fee Schedule took effect to the end of the Billing Period.

  1. Paying for Your Power

7.1 Format and timing of bills

(a) We will issue a bill to the address or e-mail address nominated by You or a person authorised to act on Your behalf according to the Billing Period.  We will bill You every month for Your electricity.

(b) Each bill will identify the charges for electricity and will set out any other information as required by any Applicable Laws.

(c) If We provide goods or services in addition to the sale or supply of electricity, those items may be billed separately or as separate items on the bill.

(d) In the event of early termination as described in clause 4.2, We may bill You for the amount of the early termination fee.

7.2 Calculation of bills

(a) Your bill will be based on the amount of electricity and identified by Us or the Distributor as having been delivered to Your Supply Address.

(b) Subject to all Applicable Laws, the amount of electricity will be derived from consecutive Meter Readings or, where Meter Readings are unavailable, from estimates or by calculation from a Meter Reading You have provided. We will use Our best endeavours to ensure that Your Meter is read at least once in any 12 month period.

(c) In the event that We use an estimate or a calculation from a Meter Reading You have provided to identify the amount of electricity as having been delivered to Your Supply Address and We subsequently obtain a Meter Reading, We will make any appropriate adjustment to Your next bill in accordance with the Meter Reading.

7.3 Review of bills

(a) We will review Your bill at Your request, provided You agree to pay the lower of:

(i) the portion of the bill that You and We agree is not in dispute; or

(ii) an amount equal to Your average bill amount in the previous 12 months.

(b) Our review of Your bill will be in accordance with Our complaints and dispute resolution process outlined these Power Supply Terms and Conditions.

(c) If Our review shows the bill to be correct, You must pay the amount of the bill in full or request a Meter test in accordance with these Power Supply Terms and Conditions. If Our review shows the bill to be incorrect the process outlined for circumstances where there is an error in a bill (detailed below) will apply.

(d) Clause 7.3(a)-(c) does not apply to any bill sent to You pursuant to clause 7.1(d).

7.4 Meter testing

(a) If after the completion of the bill review process You require Your Meter to be tested, We will refer You to the Distributor or energy authority that will test the Meter at a charge for services, which You must pay in advance. We will give You a copy of the results of the test if the testing authority does not do so.

(b) If the Meter is not defective according to the Metering Standards, You will be responsible for paying all testing charges and the full amount of Your bill.

(c) If the Meter is defective and favours You by more than the amount allowable in the Metering Standards, You must pay the difference between the Metered consumption and the calculated actual consumption.

(d) If the Meter is defective and favours Us by more than the amount allowable in the Metering Standards, We will reimburse the difference (if the account has been paid) between the Metered consumption and the calculated actual consumption, and We will reimburse the testing charges.

7.5 Bill adjustment

If Your bill covers a period other than Your usual Billing Period We will adjust any service to property charge and any energy usage calculation on a pro-rata basis.

7.6 If there is an error in a bill

(a) If there are errors in Your bill or if We are informed of errors in the amount of electricity delivered to Your Supply Address, We will refund any amount overcharged or charge You the amount that You were undercharged on the next bill.

(b) If You were undercharged (including the omission of any charges), except by reason of any fraud or use of electricity other than as permitted under Our Contract with You, We will:

(i) only seek to recover any amount undercharged in the 12 months prior to Your last bill (or, if We have not sent You a bill, prior to the date on which We notify You of the undercharging); and

(ii) list the amount as a separate item in a special bill or in the next bill in Your Billing Period, together with an explanation of the amount.

(c) You will not be charged interest on any undercharged amount.

(d) If You were overcharged, We will:

(i) inform You of the overcharging within 10 business days after We become aware of the overcharging; and

(ii) seek Your instructions as to how You wish Us to refund the amount by which You have been overcharged, or credit the amount on Your next bill if You do not give Us other instructions.

(e) We are not obliged to pay You interest for any overcharging.

7.7. Payments

(a) You are required to pay Your bill by the date specified in the bill as the pay-by date.

(b) The available methods of payment for each bill will be as specified in that bill.

If You are a Residential Customer and You do not pay Your bill by the date specified in the bill as the pay-by date, You authorise Us to debit Your bank account for the full amount specified in that bill together with any applicable fees in accordance with clause 7.9 below.

(d) If Your payment is dishonoured or reversed by Your bank, You must reimburse Us all fees any bank charges Us plus Our reasonable administration charges.

7.8 If You have trouble paying

You must notify Us if You are experiencing difficulty in paying Your bill.  We will consider any reasonable request from You for an instalment plan, and may impose an additional charge on You if We agree to offer You an instalment plan.

7.9 Direct debit

(a) If You nominate direct debit as Your method of payment or have otherwise authorised Us to deduct any amount(s) due but unpaid by the relevant due date of that bill, then We will do so on terms consistent with the “Code of Banking Practice”, the “Electronic Funds Transfer Code of Conduct” in force and as amended from time to time and all Applicable Laws. We will not alter the amount (which may include the full bill or an agreed instalment) and the frequency of the direct debits without Your agreement.

(b) If You wish to cancel Your direct debit arrangements with Us, You may provide Us with written notice or alternatively notify Your financial institution (in accordance with their internal procedures). If You notify Your financial institution in the first instance, You must use Your best endeavours to provide Us with written notice within 7 days of cancelling Your direct debit authority.

7.10 Shortened Billing Periods

(a) We may place You on a shortened Billing Period or You may otherwise negotiate a shorter Billing Period with Us in the circumstances set out in any Applicable Laws.

(b) If You negotiate a shorter Billing Period with Us, then We may impose an additional retail charge and may charge You for any costs imposed on Us if You fail to make the periodical payment You agreed to make.

7.11 Refundable advances and security deposits

(a) Subject to Applicable Laws, We may require You to provide a refundable advance before connection or reconnection of supply of electricity.

(b) We may use the refundable advance and accrued interest to offset any amount owed by You to Us if You are disconnected for failure to pay and no longer have a right to be reconnected, or if You vacate Your Supply Address, request disconnection or transfer to another retailer.

(c) If We use a refundable advance, We will provide You with an account of its use and will repay any balance to You within 10 Business Days. We will also repay the refundable advance and interest within 10 Business Days of You completing 2 year’s payment of bills by the pay-by date or on termination of the supply of electricity by Us to You under these Power Supply Terms and Conditions.

  1. Your obligations using electricity

8.1 General

Our obligations under these Power Supply Terms and Conditions are subject to You complying with the following requirements:

(a) You must comply with all Applicable Laws and must give effect to any of the Distributor’s rights under those Applicable Laws;

(b) You must pay all relevant fees and charges in relation to supply at the Supply Address, and continue to pay the supply account, by the due date specified on the bill;

(c) You must not allow electricity directed to the Supply Address to be used at another address, or take at Your Supply Address any electricity provided by Us directed to another address;

(d) You must not resupply electricity supplied under this contract to any other person unless specifically agreed to by Us in writing or unless permitted by all Applicable Laws;

(e) You must not tamper with or bypass, or permit anyone else to tamper with or bypass, the Meter or associated equipment; and

(f) if We sell or supply electricity to You for a specific purpose, You must not use the electricity for another purpose.

8.2 Unauthorised access

If You obtain electricity from Us otherwise than as permitted by Our Contract with You We may take action to disconnect supply, estimate the usage for which You have not paid and take debt recovery action for the unpaid amount (and any disconnection and reasonable legal costs to the extent permitted under Applicable Laws). If Your actions result in damage to Our equipment, We may recover from You the costs of repair or replacement of that equipment together with reasonable investigation and legal costs and costs of disconnection (to the extent permitted under Applicable Laws).

8.3 Protection and maintenance of Your Power Supply

To enable Us to provide You with a reliable safe supply of electricity, You must:

(a) keep the electrical installations at Your Supply Address in safe condition;

(b) protect Our and the Distributor’s equipment from damage and interference;

(c) provide safe, convenient and unhindered access to enable work on the Distribution Systems to be carried out;

(d) not allow a person other than someone You reasonably believe to be an accredited electrical installer to perform work on an electrical installation;

(e) not use the electricity supply in a manner that may interfere with the Distribution Systems or supply to any other electrical installation or cause damage or interference to a third party; and

(f) not interfere or allow someone to interfere with the Distribution System which delivers electricity to the Supply Address, or with any Metering equipment at the Supply Address.

8.4 Access to Supply Address

You must give Us and the Distributor safe, convenient and unhindered access to the Supply Address for the following purposes:

(a) to read the Meter;

(b) to connect or disconnect supply;

(c) to inspect or test electrical installations as appropriate; or

(d) to inspect, repair, test or maintain the Distribution System.

  1. If You have a complaint about Your Power Services

9.1 Your Right to Review

You may make a complaint to Us about any decision We have made in relation to Our supply of electricity to the Supply Address.

9.2 Complaints handling and dispute resolution procedure

When We receive a complaint from You, We will deal with Your complaint in accordance with Our complaints handling and dispute resolution procedure, which is outlined below.

9.3 Outline of Review Process Telephone Complaint

(a) Verbal Complaint

You may telephone Us on the number set out on Your bill or otherwise communicated to You in order to notify Us of any complaint in relation to Our supply of electricity to the Supply Address and We will try to resolve Your complaint through informal negotiations over the telephone.

(b) Written Complaint

(i) Where You are not satisfied with the way We have dealt with Your complaint over the telephone, or where You prefer to write to Us, You may write to Us and formally notify Us of Your original complaint and Your request for a review of Your complaint.

(ii) On receipt of Your written complaint and request for review, We will review Your complaint and respond to You in writing within 28 days with Our decision.

9.4 Referral to Higher Level

Where You are not satisfied with the response received from Your first point of contact (whether over the telephone or by written complaint), You may have the complaint reviewed at the higher level. This process elevates Your complaint through to the appropriate manager, by telephone or in writing as You prefer.

9.5 Referral to Court or Tribunal

If You are not satisfied with the outcome of the dispute resolution procedure set out in this clause 9 You may have the matter heard by the appropriate Court or Tribunal in the State in which the Services are provided to You by Us. In this regard, please contact Us if You require details of the appropriate Court or Tribunal.

10 Our Liability

10.1 Australian Consumer Law

The ACL provides certain statutory guarantees, conditions, warranties and other rights that cannot be excluded or limited. To the extent the ACL applies to Our Contract with You, this clause 10 is subject to, and will not apply to the extent of, any such non-excludable rights under the ACL.

10.2 Title and Risk

Title and risk in all electricity supplied to You will pass to You at the respective delivery point.

10.3 Limitation of Liability

(a) Subject to clause 10.3(b):

(i) all conditions, warranties and representations (whether express or implied) not expressly set out in Our Contract with You are excluded; and

(ii) without derogating from clause 6, You agree that We are not, and You shall not hold Us, liable for any loss or damage (however caused) suffered by You or any third party in connection with the provision of Voice and Data Services under Our Contract with You and/or any subsequent use application modification embodiment or adaptation of the Voice and Data Services and You release Us from liability for, and otherwise shall protect and hold Us harmless from and against, a claim for any such loss or damage.

(b) If any Applicable Laws (including the ACL) imply a condition or warranty into Our Contract with You in respect of Power Services supplied by Us, and Our liability for breach of that condition or warranty cannot be excluded or restricted by law but may be limited, clause 10.2(a) does not apply to that liability and instead Our liability for any breach of that condition or warranty is limited to Us doing either or any combination of the following (at Our election):

(i) supplying the Power Services again;

(ii) paying the cost of having the Power Services supplied again;

(iii) cancelling Our Contract with You and providing You with a refund for any Services paid for but not provided; and/or

(iv) applying any other limitation permitted by Applicable Laws (including the ACL).

(c) For the avoidance of doubt, where We are liable to You for any Liability or pay You any refunds, rebates, damages or other compensation (“Compensation”) under Our Contract with You the following applies, to the extent permitted by Applicable Laws (including the ACL):

(i) We exclude any Liability to You for any indirect, special or consequential loss or damage suffered or incurred by You; and

(ii) the amount of Compensation that We have to pay You will be reduced to the extent that the event giving rise to the obligation to pay Compensation has been caused or contributed to by You.

Victoria Power Supply Terms and Conditions

 

  1. Interpretation and Definitions

1.1 Interpretation

Subject to clause 1.2 below, in these Victoria Specific Power Supply Terms and Conditions the meaning of words that begin with a capital letter and the rules for interpretation, can be found in the Active Utilities’ Glossary of Terms.

1.2 Definitions

Electricity Distribution Code means the Electricity Distribution Code dated May 2012 (version 7) published by the Essential Services Commission and includes any amended or updated version or any replacement document or code.

Energy and Water Ombudsman Victoria means the Energy and Water Ombudsman (Victoria) Limited whose web site address is http://www.ewov.com.au.

Energy Retail Code means the Energy Retail Code Version 10 dated May 2012 published by the Essential Services Commission and includes any amended or updated version or any replacement document or code.

Essential Services Commission means the Essential Services Commission Victoria located at 35 Spring Street Melbourne, Victoria 3000 and whose web site address is http://www.esc.vic.gov.au.

  1. General

(a) We are exempted from the requirement to hold a licence to supply or sell electricity to You by virtue of the Exemption Order under Section 17, Order in Council dated 1 May 2002 and made under the Electricity Industry Act 2000 (Vic).

(b) Depending on how We supply You with electricity any provisions of the Electricity Distribution Code and Energy Retail Code that apply to Our Contract with You becomes part of these Victoria Specific Power Supply Terms and Conditions.

(c) Where there is any inconsistency between the relevant code and these Victoria Specific Power Supply Terms and Conditions then these Victoria Specific Power Supply Terms and Conditions prevail to the extent allowed by the relevant code, however where this is not allowed by the relevant code, the terms of the relevant code will prevail. If You require a copy of either the Electricity Distribution Code or the Energy Retail Code You can inspect it at the Essential Services Commission website at www.esc.vic.gov.au.

(d) If You are a Business Customer for the purposes of the Energy Retail Code, You agree to take reasonable precautions to minimise the risk of loss or damage to any of Your equipment, premises or business which may result from poor quality or reliability of electricity supply.

  1. Method of supply

(a) Where We supply You with electricity on an intermediary distribution basis the Electricity Distribution Code applies and We must observe all the applicable provisions of that code as if We are a licensed electricity distributor.

(b) Where We supply You with electricity on a metered intermediary distribution basis the Energy Retail Code applies and We must observe all the applicable provisions of that code as if We are a licensed retailer of electricity.

  1. Disconnection and reconnection

4.1 Restrictions on Our ability to disconnect Your Power Supply

We will not disconnect the Supply Address except in accordance with the Energy Retail Code and any Applicable Laws. In particular, We will not disconnect the Supply Address:

(a) for non-payment of a bill:

(i) where the amount payable is less than any amount approved by the Essential Services Commission in a relevant guideline; or

(ii) if You have made a relevant complaint to the Energy and Water Ombudsman Victoria or other dispute resolution body which remains unresolved; or

(iii) where You have a formal decision relating to a Utility Relief Grant pending; or

(iv) where the only unpaid amount is a charge not for the supply or sale of electricity;

(b) if the Supply Address is registered by the Distributor as a life support machine Supply Address; or

(c) unless otherwise requested by You:

(i) after 3 pm on a weekday; or

(ii) on a Friday, on a weekend, on a public holiday or on the day before a public holiday.

4.2 Reconnection

(a) If the Supply Address has been disconnected for any of the following reasons:

(i) non-payment of a bill;

(ii) access to the Meter was refused;

(iii) for obtaining supply otherwise than in accordance with Our Contract with You; or

(iv) refusing to pay a refundable advance or security levy, We will reconnect the Supply Address at Your request provided that You make Your request within 10 Business Days of the relevant disconnection and that You agree to payment of a reconnection fee reflecting Our direct costs arising from the disconnection and reconnection (including any amount charged to Us by the Distributor or another contractor or agent for providing services in relation to the disconnection, connection and Our reasonable administrative charges).

(b) We will reconnect the Supply Address:

(i) on the day of Your request, if You contacted Us before 3 pm on a Business Day;

(ii) on the next Business Day after Your request, if You contacted Us after 3pm on a Business Day; or

(iii) on the day of Your request, if You contacted Us after 3 pm on a Business Day but before 9 pm and You agree to pay Our after hours reconnection fee.

(c) If We (or the Distributor or another contractor or agent) have been called out to disconnect the supply premises for any of the reasons set

out in subclause (a) above, and the reason is rectified before We disconnect the supply premises, then We may charge the call-out fee specified in the Power Supply Fee Schedule.

  1. If You have a complaint about Your Power Services

If You are not satisfied with the outcome of the dispute resolution procedure set out in clause 9 of the Active Utilities’ Power Supply Terms and Conditions, You may have the right to have the matter heard by the Victorian Civil and Administrative Tribunal. If You require contact details for Victorian Civil and Administrative Tribunal, please contact Us.

 

ACT Power Supply Terms and Conditions

 

  1. Interpretation and Definitions

1.1 Interpretation

Subject to clause 1.2 below, in these ACT Specific Power Supply Terms and Conditions the meaning of words that begin with a capital letter and the rules for interpretation, can be found in the Active Utilities’ Glossary of Terms.

1.2 Definitions

ACT means the Australian Capital Territory.

Utilities Act means the Utilities Act 2000 (ACT).

  1. General

(a) We are exempted from the requirement to hold a licence to supply or sell electricity to You by virtue of the Utilities Exemption 2007 (No 3) made under Section 22 of the Utilities Act and dated 13 November 2007.

(b) Depending on how We supply You with electricity, any provisions of any Applicable Laws which apply to Our Contract with You become part of these ACT Specific Power Supply Terms and Conditions.

(c) Where there is any inconsistency between the Applicable Laws and these ACT Specific Power Supply Terms and Conditions then these ACT Specific Power Supply Terms and Conditions prevail to the extent allowed by the Applicable Laws, however where this is not allowed by the Applicable Laws, the terms of the Applicable Laws will prevail.

  1. Disconnection and reconnection

3.1 Restrictions on Our ability to disconnect Your Power Supply

Unless You have requested Us to do so, We will not arrange for Your residential premises to be disconnected unless:

(a) two written notices have been served on You at least seven days apart;

(b) Your account has not been paid within five days of a second notice being served on You, and We have made a reasonable attempt to contact You; and

(c) after the procedures of paragraphs (b) and (c) above have been followed, You have not made and complied with any payment arrangement, satisfactory to Us and reasonable in Your financial circumstances.

3.2 Restoration of connection once Your payment is received

If We have taken action to disconnect electricity from Your premises, and You pay Your account, or We accept an arrangement by You to pay the account, We must arrange to restore the service as soon as practicable and, in any event, within 24 hours.

NSW Power Supply Terms and Conditions

 

  1. Interpretation and Definitions

1.1 Interpretation

Subject to clause 1.2 below, in these New South Wales Specific Power Supply Terms and Conditions the meaning of words that begin with a capital letter and the rules for interpretation, can be found in the Active Utilities’ Glossary of Terms.

1.2 Definitions

Act means the Electricity Supply Act 1995 (NSW).

AS 1284 means the series of documents published by Standards Australia, and numbered AS 1284, as in force on 7 May 1996.

Regulation means the Electricity Supply (General) Regulation 2001

(NSW).

Relevant Standard Retail Supplier means in relation to the Power Supply a retail supplier whose retail authority states an area which includes the area where Your premises are located.

Standard Form Supply Contract means a standard form supply contract made under the Regulation.

  1. General

(a) We are not required to be a licensed retail supplier in respect of the

supply and sale of electricity under the Act.

(b) Our Contract with You sets out how We will supply electricity to You

and how We will charge You for Your electricity consumption.

(c) Where there is any inconsistency between the applicable provisions

of the Act and/or Regulation and these New South Wales Power Supply Terms and Conditions the terms of the relevant provisions of the Act and/or Regulation will prevail to the extent of the inconsistency.

  1. Electricity meter standards

We will only charge You for electricity supplied if the quantity of the electricity We supplied to You is measured by a separate electricity meter that complies with AS 1284 relevant to electricity meters of the same kind, or any relevant market operations rules in respect of electricity meters.

  1. Maximum charge

Despite anything else contained in the terms of Our Contract with You, We must not charge You more than the amount that the Relevant Standard Retail Supplier would have charged You under a Standard Form Supply Contract for a similar quantity of electricity supplied during the same period.

QLD Power Supply Terms and Conditions

 

  1. Interpretation and Definitions

1.1 Interpretation

Subject to clause 1.2 below, in these Queensland Specific Power Supply Terms and Conditions the meaning of words that begin with a capital letter and the rules for interpretation, can be found in the Active Utilities Glossary of Terms.

1.2 Definitions

Act means the Electricity Act 1994 (Qld).

National Electricity Rules means the National Electricity Rules Version 55 dated 7 March 2013 and includes any amended or updated version or any replacement document or code.

Relevant Retail Entity means in relation to the Power Supply a retail entity whose retail authority states an area which includes the area where Your premises are located.

  1. General

(a) We are exempted from the requirement to be a retail authority in respect of the supply and sale of electricity by virtue of the exemption under Section 20A of the Act.

(b) Our Contract with You constitutes an on-supply agreement made under section 20B of the Act and sets out how We will supply electricity to You and how We will charge You for Your electricity consumption.

(c) Where there is any inconsistency between the applicable provisions of the Act and these Queensland Specific Power Supply Terms and Conditions the terms of the relevant provisions of the Act will prevail to the extent of the inconsistency.

  1. Individual metering

(a) You may at any time elect, by written notice to Us, to be charged for Your consumption of electricity supplied to You by Us, as measured by a meter. You will be responsible for the cost of installing the meter.

(b) The election stated in subclause (a) above will only be effective if the installation of the meter is reasonable and done in a way that complies with any reasonable written directions given by Us, if any, within 5 Business Days of Us giving the written directions.

(c) If You install a meter in a way that is not reasonable or that does not comply with a written direction given by Us then You may be liable to pay compensation to Us or another person who occupies the complex and suffers damage as a result.

  1. Maximum charge for metered supply

If electricity supplied to You by Us is charged on the basis of Your electricity consumption as measured by a meter then:

(a) if there is a Relevant Retail Entity for the supply, We must not charge more than the lowest rate that You would have been charged by the Relevant Retail Entity; or

(b) if there is no Relevant Retail Entity for the supply, We must not charge You more than the lowest rate that You would have been charged by the Relevant Retail Entity of Our supplier.

In particular:

(c) We must ensure that Our Power Supply Fee Schedule does not include rates exceeding the limits stated in subclauses (a) and (b) above; and

(d) We must not recover from You an amount charged for electricity consumption that has been calculated at a rate exceeding the limits stated in subclauses (a) and (b) above.

  1. Private network

Where We operate a supply network located solely within Our premises and We supply, or supply and sell to You electricity using the network, the National Electricity Rules apply and We must observe all the applicable provisions of the National Electricity Rules. In particular:

(a) We must provide You with access to the supply network at no cost or at a nominal fee; and

(b) as stated in the Active Utilities’ Power Supply Terms and Conditions, You are under no obligation to purchase electricity from Us, and may choose to purchase Your electricity from a licensed retailer.

  • Website Policy

This website is operated by Active Utilities Pty Ltd ABN 43 818 767 917. When we use the words “we”, “our” or “us”, we’re referring to Active Utilities.

  • Your use of this website is subject to these terms of use;
  • our Privacy Statement, which you can read here;
  • and any other terms, conditions, notices or disclaimers displayed on the website.

Together these are called the “applicable terms”.

By using this website you’re deemed to have accepted the applicable terms and agree to be bound by them.

Changes to the applicable terms.

We may change the applicable terms from time to time by publishing an updated version, or a notice of an updated version, on this website. If you use this website after we’ve posted updated terms, you’ll be deemed to have accepted those terms.

Your use of this website

Registration may be required to access

You may need to register with us, in order to access some parts of this website. When you register, it’s a good idea to keep your registration details confidential because you’ll be responsible for any access to the website using your registration details, even if the access is by another person.

Unsolicited communications

You must not use this website to obtain any data or information if it’s for the purpose of sending unsolicited emails, or other unsolicited communications, to any other person.

No automated access

You must not use any robot or spider or any other automated process to access or copy any part of this website or any of its contents.

No interference with this website

You must not transmit any virus or other information or material to or via this website, or otherwise use the site in a way that:

  • tampers with, hinders the operation of, or makes unauthorised modifications to this website;
  • prevents any other user from using or enjoying this website;

You also must not permit or enable another person to do any of those things.

No unlawful, infringing or offensive posts, comments or other activity

You must not post or transmit any information or material to or via this website, or otherwise use this website for any activity that:

  • defames, harasses, threatens, menaces or offends any person;
  • contains obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings; or
  • otherwise breaches any laws or regulations, infringes a third party’s rights or privacy or is contrary to any relevant standards or codes.

You also must not permit or enable another person to do any of those things.

No obligation to resolve disputes

We don’t have an obligation to resolve disputes between you and other users of this website.

We may suspend or terminate your access

We may restrict or suspend your use of this website or ban you from the site altogether, if we believe you’ve contravened the applicable terms in any way.

When we exercise these rights, our decision is final, and we won’t be obliged to provide you with reasons, or correspond with you further about our decision.

Your posts and comments

Posts and comments

It’s up to you to make sure that your posts and comments do not infringe anyone’s rights (including the intellectual property rights of any third parties) and that you’ve obtained all necessary consents or licences to any third party material that you include in your posts.

You mustn’t post or provide links to any prohibited, unlawful or inappropriate material, such as posts that are defamatory, threatening or offensive.

Our rights in your content

You grant us a non-exclusive, royalty-free, perpetual and irrevocable licence (including the right to sub-license) to use, reproduce, adapt, modify and communicate to the public your posts and comments and any other information you make available on this website.

If we suspend or ban you, or if you stop using this website, the licence that you grant us under these terms of use continues in accordance with these terms of use. We may choose to amend or remove your username from any posts or comments, or remove your posts or comments altogether, at our discretion.

We may contact you for comments

We may contact you to provide comments about your posts or comments.

Linking

Links to third party sites

From time to time we may post content on this website which may contain links to third party websites. We don’t approve or endorse those third party websites and if you incur any loss due to these websites, we won’t have any liability to you.

Linking to this website

You may create a link to the front page of this website if you like, but you mustn’t

  • create links to specific pages (known as “deep linking”);
  • display any page of this website within a frame or in a distorted or altered form;
  • create any link to this website on any site unless that site conforms to accepted standards of public decency and good taste, doesn’t expose us to any risk of liability under any criminal or civil law (including liability arising from the infringement of a third party’s rights) and doesn’t disparage us or our goods or services; or
  • create or use any link in any way that represents or implies falsely, deceptively or confusingly that we sponsor, endorse or are affiliated with or related to any third party (including you) or product, or that you are providing, or are the source of any goods or services that we provide.

We may withdraw linking permission by giving you notice or by updating these terms of use.

Intellectual Property

Your content

If you submit, post, transmit or otherwise make any material available via this website (“your content”):

  • you grant to us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable licence to use, reproduce, modify, adapt, publish or communicate to the public your content for the reasonable purposes of our business;
  • You grant us the right to sub-license those rights to others;
  • you consent to any act or omission that would otherwise infringe any of your rights (including your moral rights) in your content; and
  • you warrant that you have the right to grant the above licence, that our exercise of the licence rights above won’t infringe the intellectual property rights of any person, and that your content isn’t defamatory and doesn’t breach any law.
  • While we may monitor or review your content, we’re not obliged to do so. We may also remove, alter or take down any of your content at any time.

Our content

We own or license all copyright and other intellectual property rights relating to this website (including the software, design, text, graphics and the selection and layout of the site). The copyright is protected by the laws of Australia and other countries.

You’re authorised to view this website and its contents using your web browser or, when you’re specifically invited to do so, to share certain content on social media. But you mustn’t otherwise reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the site, including audio and video excerpts, unless it’s permitted by statute or you have our prior written consent.

Our trade marks

This website includes registered trademarks and trademarks which are the subject of pending applications or which are otherwise protected by law. These include the word Active Utilities, and the Active Utilities Logo.

You may not use any of these trademarks, the names ‘Active Utilities Pty Ltd’, or ‘Activenet’ or the name of any of our related companies unless you have our prior written consent.

Illegal downloading / file sharing

The Copyright Act 1968 (Cth) protects materials such as films, music, books and computer programs. You may be breaking the law if you download, copy, share or distribute this material, unless you’re allowed to do so by the Copyright Act or you have the copyright owner’s permission. Please don’t use our services to do any of these things, because if you do, we might have to cancel your service and the copyright owner could take legal action against you.

If you do any of these things on a repeat basis, we have implemented a policy for dealing with infringers that may, in appropriate circumstances, result in us terminating a repeat infringer’s email or other account.

Designated Copyright Representative

Division 2AA of Part V of the Copyright Act 1968 (Cth) and Part 3A of the Copyright Regulations 1969 (Cth) establish a scheme (“Safe Harbour Scheme”) that limits the remedies available against carriage service providers for infringements of copyright that relate to the carrying out of certain online activities by carriage service providers.

Our designated representative for receiving notifications and notices under the Safe Harbour Scheme, in relation to all of the activities that we undertake as a carriage service provider is:

Title

Designated Copyright Representative

Active Utilities Pty Ltd

Contact Details

Email address: copyright@activenet.com.au

Postal address: 40 English Street, Essendon Fields Victoria Australia 3041

Fax Number: 1300 587 624

Liability

Third party products promoted or advertised

We don’t endorse any third party products that may be advertised or promoted on this website and we’re not liable to you in any way in relation to those products.

This website is provided “as is”

Subject to non-excludable rights under consumer protection laws, we exclude all warranties, terms and conditions, express or implied, relating to this website and to your use of this website.

In particular, we don’t claim that the material on this website is accurate or error free, that it will be error free in the future, or that it will operate in an uninterrupted manner.

Limitation on Liability

Subject to non-excludable rights under consumer protection laws, we exclude all liability to you in relation to this website, your use of this website or the actions of any other person accessing or using this website.

We will accept that liability if it can’t be excluded under any legislation. If that liability can’t be excluded but can be limited under any legislation, we limit our liability to resupplying, repairing or replacing the relevant goods or services (or payment of the cost of resupply, repair or replacement) where it’s fair and reasonable to do so.

However, we’re not liable for any loss if it’s caused by you, or if it’s because you didn’t take reasonable steps to avoid or minimise your loss.

General

Headings in these terms of use

The headings in these terms of use do not form part of these terms of use or affect its interpretation.

Relationship between you and us

These terms of use do not create a partnership, joint venture, agency or employer-employee relationship between us and you.

Assignment

You may not assign or otherwise deal with these terms of use without our prior written consent. We may assign, novate or otherwise deal with these terms of use as we deem appropriate.

Inconsistent terms

If there is an inconsistency between these terms of use and any other terms displayed on individual pages of this website (“other terms”), the other terms will govern to the extent of the inconsistency.

Severability

If anything in these terms of use is unenforceable, illegal or void then it is severed and the rest of these terms of use remain in force.

No waiver for breaches

If we don’t act in relation to a breach of the applicable terms by you, we don’t waive any rights to act in relation to that breach or any later breach by you. If you don’t act in relation to a breach of the applicable terms by us, you don’t waive any rights to act in relation to that breach or any later breach us.

Governing law

These terms of use are governed by the law in force in the State of Victoria, Australia.

  • Privacy Policy

Privacy

Active Utilities (AU) is bound by the National Privacy Principles (Principles) contained in the Privacy

Act 1988 (Privacy Act). The Principles are designed to protect the confidentiality of information and the privacy of individuals by regulating the way personal information is managed. Personal information is, generally, information or an opinion relating to an individual, which can be used to identify that individual.

Why does AU collect personal information?

AU collects certain personal information in order to understand and meet the needs of customers and provide the products and services they require.

What types of personal information does AU collect?

The types of personal information that we collect may include information about:

  • Customers;
  • Suppliers;
  • Employees;
  • Personal contacts of corporate clients or suppliers;
  • Applicants for employment with AU; and
  • Other people who come into contact in the ordinary course of business.

This information is collected in a variety of ways, including by way of personal contact such as business activities and events, as well as mail, telephone, email and internet. Please note that our website does not provide systems for secure transmission across the internet, except where indicated.

We may also collect and use personal information available from public sources, such as telephone listings, and from private sources where it is necessary to identify customers. For example, builders and real estate agents may provide details of new occupants and tenants who are using utility services.

Employee exemption: AU are not bound by the Principles in relation to handling of their own current or former employees’ records, if those records relate directly to the employment relationship.

How does AU use and disclose personal information?

In general, AU may use or disclose personal information for the following purposes:

  • To provide products and services to customers
  • To communicate with contractors and suppliers
  • To provide administration for employees of AU
  • To provide ongoing information about our products and services to people that we believe may be interested
  • To help manage and enhance our products and services, including by surveying customers on their future needs
  • To consider applications for employment and
  • To comply with legal obligations.

We also use your personal information to promote and market products and services to you. This is to keep you informed of products, services and special offers and may continue after you cease to acquire services from us. If you do not wish us to contact you to promote and market products, services and special offers, or if you have subscribed to any of our newsletters or subscriptions and no longer wish to receive such communications, please call 1300 587 623 or email

privacy@activeutilities.com.au

Also, if you are the contact person for a customer or supplier, we may use your personal information such as your name to manage our relationship with your organisation.

Depending on the product or service or issue concerned, we may disclose personal information to:

  • Service providers and specialist advisers who have been contracted to provide administrative, financial, research or other services
  • Insurers, credit providers, courts, tribunals and regulatory authorities (including the Australian
  • Tax Office) as required or authorised by law
  • Credit reporting or reference agencies or insurance investigators or
  • Anyone authorised by an individual, as specified by that individual or the contract.

We may give personal information about you to a credit reporting agency, whether before, during or after the provision of credit to you, for the following purposes:

  • to obtain a consumer credit report about you; and/or
  • to allow the credit reporting agency to create or maintain a credit information file containing information about you

However, the information that we are permitted to give to a credit reporting agency is limited to:

  • your name, sex, date of birth, current and previous two addresses;
  • the name of your employer;
  • your driver’s licence number;
  • the fact that you have applied for credit and the amount;
  • the fact that AU is a current credit provider to you;
  • information that, in our opinion, suggests you have committed a serious credit infringement
  • (that is, that you have acted fraudulently or shown an intention not to comply with your credit obligations)
  • the fact that a cheque drawn by you has been dishonoured more than once.

Does AU collect sensitive information?

We will obtain your consent prior to collecting, using or disclosing your sensitive information, unless the collection of the information is required by law. Sensitive information is information or an opinion about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual preferences or practices, criminal record or health information.

Management of personal information

AU has implemented appropriate technological and organisational measures to assist us in ensuring that the personal information we hold about you is accurate and up-to-date. We realise however that your personal information may change frequently with changes of address and personal circumstance. Please contact us promptly at the address set out below to inform us of any changes to your personal information. Similarly, if you have subscribed to any of our newsletters or subscriptions, or are receiving promotional communications, and no longer wish to receive such communications, you may opt out of receiving them at any time.

We expect our employees and contractors who handle personal information to comply with the Privacy Act and will take appropriate action in response to breaches of the obligations imposed by the Principles. Although we seek to engage external service providers who also comply with these requirements, we do not accept responsibility for the misuse of personal information by these third parties.

Accessing your personal information

Under the Principles, you usually have the right to obtain a copy of any personal information which AU holds about you and to advise us of any perceived inaccuracy. We will consider any recommendation by you to change or correct information and advise you of the action taken. You may request to access your personal information by contacting us at the number or address set out below. Depending upon the personal information you seek, you may be asked:

  • To complete an Information Request Form;
  • To verify your identity in writing; and/or
  • If the inquiry involves extensive administration time or resources, to pay a fee. If this is the case, we will advise the likely cost in advance and can help refine your request if required.

Please note that in circumstances prescribed by the Privacy Act, you may be refused access to your personal information (for example, if providing access would be unlawful or would have an unreasonable impact upon the privacy of other individuals).

Complaints about an interference with privacy

If you consider that any action taken by AU breaches this Privacy Policy or the Principles, you can make a complaint by contacting us at the address set out below. We will endeavour to act promptly in response to a complaint.

How to contact us

You can contact the AU about a privacy-related issue by phone, post or online via our Contact Us page.

Phone:       1300 587 623

Address:     Active Utilities Pty Ltd

Att. Privacy Officer

40 English Street

ESSENDON FIELDS VIC 3041

Email:                  privacy@activeutilities.com.au

Updates to this Policy

Our Privacy Policy will be reviewed from time to time to take account of new laws and technology, changes to our operations and practices and the changing business environment.

Security

When purchasing from Active Utilities Pty Ltd your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology.128-bit SSL encryption is the current industry standard. If you have any questions regarding our security policy, please contact our Customer Support Centre info@activeutilities.com.au

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