YES Power Limited Terms and Conditions
1. Welcome to YES Power
This Agreement governs the supply of Electricity and related services by YES Power Limited to its residential customers and replaces all prior agreements and understandings relating to the supply of Electricity and related services by YES Power to you.
This agreement together with your pricing plan(s) and any additional terms and conditions that relate to the specific services or products you obtain from us comprise a legally binding agreement between you and YES Power Limited. This Agreement will apply to each person listed as a customer, jointly and severally.
If you wish to contact us, please:
- email us at firstname.lastname@example.org
- call our Customer Service team on: 0800 YESPOWER (0800 937 769)
- or write to us at: PO Box 1168, City Central, Christchurch 8013
2. Becoming a YES Power Customer
To apply to become a customer you can:
- complete the online sign up on our website yespower.nz or
- email us at email@example.com; or
- call us on 0800 YESPOWER (0800 937 769)
We will respond to your application within 2 business days from receipt of your application.
If more than one person is the customer at any premises, these terms will apply to each of you jointly and severally. This means that each of you may individually be responsible for paying our entire invoice, and that everyone who wishes to become a customer will have to contact us.
You may nominate a person as an account authority to make decisions for you under these terms. However, you are still responsible as a customer for payment of your account and for any costs associated with decisions made by the account authority.
3. Effective Date
This Agreement will take effect from the earlier of:
- the date of your application; or
- the date that you first receive and used services supplied by us.
You are liable from the effective date for the charges for all products and services provided under this agreement.
If you are already a customer of YES Power, this Agreement will take effect, and replace our previous terms of supply 30 days after the Effective Date.
This Agreement shall continue to apply until:
- this Agreement is terminated in accordance with clause 34; or
- YES Power replaces this Agreement with new terms to govern the supply of services to you.
4. Supply of Electricity to You
If, on the first day of this Agreement, we are not supplying electricity to you, we will endeavour to commence supply as soon as possible. We will notify you of the date we commence supplying you with electricity. Unless otherwise agreed with you, you will not be liable to us for electricity consumed prior to your tenancy commencing or you taking ownership of your property.
5. Network Operator
We contract your Network Operator to distribute electricity across its Network to your Premises. We are responsible for making sure that your Network Operator meets its obligations to us in distributing electricity to your Premises.
You agree to comply with statutory and regulatory requirements and the Network Operator’s distribution code or other similar connection standards (a copy of the code or standards may be obtained from the Network Operator). You must also comply with the Network Operator’s technical requirements and specifications for connection to the network which are published from time to time. This information can be obtained from the Network Operator. We can advise you of contact information for your Network Operator.
The rights of the Network Operator under this contract, including this clause 5 and clauses 6 and 14 and other clauses that refer to the Network Operator are for the benefit of, and enforceable by, the Network Operator in accordance with the Contracts (Privity) Act 1982.
6. Supply of Electricity may be controlled or interrupted by Us or the Network Operator
Neither YES Power nor The Network Operator guarantees that your supply of electricity will be free from defects or interruptions.
Your electricity supply may be subject to load management by YES Power, the Network Operator or metering service provider.
Your electricity supply may also suffer an outage due to an event beyond the reasonable control of YES Power and the Network Operator (including acts of God, human events such as industrial actions, war and other hostilities, and natural events such as fire, earthquake, lightning strike and storms).
YES Power or the Network Operator may interrupt supply if it is necessary to avoid any overload of, damage to, interference with, or to ensure the integrity, efficiency, security, safety or proper maintenance of the network. YES Power or the Network Operator may also interrupt supply in an emergency of if required by law or permitted by this Agreement.
In the event of a local or national energy shortage, or in circumstances of extreme wholesale prices, your electricity supply may be rationed or restricted. Electricity may also be rationed as part of an electricity industry rationing plan.
If you enter into any agreement or arrangement with any third party in relation to control of your load you must ensure that:
- the load is not already subject to the Network Operator’s right of control;
- you or any third party do not interfere with or damage the Network Operator’s or our Load Control Systems, and if any damage occurs you will promptly and at your own cost remove the source of the interference and make good the damage;
- the load remains available to the Network Operator to enable it to fulfil its performance obligations as an asset owner in respect of managing System Security in accordance with the Code and to meet the Service Standards for Distribution Services; and
- prior to controlling the load, you or the third party has entered into an agreement with the Network Operator which sets out the protocols for the use of the load, including the coordination with the Network Operator of the disconnection and reconnection of load.
7. Continuity of Supply
If YES Power has, or is likely to have, a receiver, liquidator, administrator, or similar officer appointed over it, or any of its assets, we will take all reasonable steps to ensure that you receive continuity of your Electricity supply.
8. Notice where there is an Outage
You will receive at least 4 working days’ notice before any planned Outages. Planned outages information and links to your Network Operator (Lines Company) for outage and faults information can be found on our Website. Less than 4 working days’ notice may be given if the interruption is urgently required and was not reasonably foreseeable. You may also agree to a planned outage with less than 4 working days’ notice if requested to do so by us or your Network Operator.Your supply will be reconnected by the Network Operator as soon as reasonably practicable.
We will liaise with the Network Operator and endeavour to restore your supply as soon as reasonably practicable after any unplanned Outage.
We operate a 24 hour faults service which allows you to report any Outage. This service is available via our faults team, who you can contact on 0800 YES Power (0800 937 769) at any time or via email to firstname.lastname@example.org Our faults team will pass the details of your Outage on to the Network Operator (or their agent) as soon as reasonably practicable.
Vector network (Auckland Region) require that you contact them directly on 0508 VECTOR (0508 832 867) in relation to faults. Vector’s outages website is: https://www.vector.co.nz/personal/outages
Our Outages and Faults page on our website will be updated regularly with information relating to Outages. You can contact our faults team any time to access further information about ongoing Outages.
Please see our Outages and Faults page on our Website for further information.
10. Medically Dependent and Vulnerable Consumers
If you believe that you, or someone living with you, are a medically dependent or vulnerable consumer, please let us know right away. We will work through our verification process with you. The process includes seeking via you a Medical Dependency Form (either for you or for someone else who resides at your address). This form can be requested from your primary healthcare provider or District Health Board.
It is your responsibility to provide us with information about your circumstances that may be relevant to any decision we make in relation to disconnecting your Electricity supply under the terms of this Agreement. You agree to provide us with information in a timely manner, and to keep us up to date whenever circumstances change.
We may ask you to re-verify that you, or the person living with you, qualify as a medically dependent consumer either once annually, and/or where you have not paid your invoices in accordance with this Agreement.
If you have verified your status as a medically dependent consumer with us, we will not disconnect your electricity supply for non-payment. We will however continue to seek payment.
11. Contacting Agencies including Work and Income and your Nominated Person
We will treat you as a vulnerable customer if you have told us, or it appears to us, that disconnection of energy at your premises presents a clear threat to the health or well-being of you or a member of your household, or if you have mains powered equipment for critical medical support. This could be because of age, health or disability. You can inform us at any time if you are or become a vulnerable customer or if you do not wish to be treated as a vulnerable customer.
- for any reason, we form the honest belief that you are a vulnerable customer; and
- you do not make regular bill payments and your supply is at risk of disconnection; and
- we have provided you with all the assistance we are reasonably able to; and
- you are still unable to make your payments,
you authorise us to consult with Work and Income, District Health Boards, private health providers or any other social agency or service provider as necessary.
We may also maintain your information on a register of vulnerable customers. If, after we have informed you of the opportunity to notify us that you are a vulnerable customer, you have not told us, or it does not appear to us, that you are a vulnerable customer, we will assume that you are not a vulnerable customer.
If you are not a vulnerable customer, you can still agree that we consult with Work and Income, District Health Boards, private health providers or any other social agency or service provider if:
- you do not pay your invoices regularly and your supply is at risk of disconnection; and
- we have provided you with all the assistance we are reasonably able to; and
- you are still unable to make your payments.
If you have nominated a person as an account authority with whom we can discuss the details of your account we may also discuss financial assistance with that person.
The Electricity Authority’s guidelines relating to medically dependant and vulnerable consumers can be found on their website at https://www.ea.govt.nz/
You are responsible for events that happen at your residence regarding electricity supply, and you must comply with any applicable network, safety, operational and technical requirements. In particular, you must ensure that:
(a) all electricity supply equipment and appliances located past the point(s) of supply at your residence (including any electricity supply equipment owned by a third party) are kept safe and secure. Generally the electricity point of supply is usually at the pole fuse for an overhead connection and the property boundary for an underground connection.
There are exceptions to the above general rules. For example, if electricity supply equipment entering your property is also supplying other customers, then the point of supply is where the supply becomes exclusive to you. Your electrician can advise on the location of your point of supply. In addition, you may be required to pay for, or own and maintain, the shared electricity supply equipment required to supply your property with electricity which is between the network and your point of supply;
(b) all meters and any associated fittings at your residence are protected from tampering, unauthorised interference or damage, and that nothing prevents or hinders our access to such meter(s) or any Electricity supply Equipment to perform our obligations and obtain the benefit of this Agreement (including for delivery, testing, repair, and maintenance);
(c) any power lines (including your own service lines) and wiring from the point of supply to your meter board is maintained and kept in a state of good repair;
(d) all electricity supply equipment and appliances installed by you at your residence comply with all relevant legal and Network Operator connection requirements. YES Power may request that you provide us with a certificate of compliance, issued or approved by a suitably qualified person, that certifies that any wiring at your residence which is past the point of supply complies with such relevant industry standards and regulations and we will have no obligation to supply you with electricity or electricity related services if we are not satisfied that such wiring so complies;
(e) any installation, alteration or maintenance of any Electricity supply Equipment is certified by a suitably qualified person;
(f) any trees and vegetation (on or overhanging your property) are kept trimmed away from all electricity supply equipment including lines so as to comply with the relevant regulatory requirements including the Electricity (Hazards from Trees) Regulations 2003. If this work is not undertaken, the Network Operator may undertake the removal or trimming work (and where applicable, recover the costs of such work from you).
(g) there is safe and secure space, and associated wiring at your residence for any metering or electricity supply equipment we consider necessary;
(h) you do not act, or allow any person or animal at your residence to act, in an intimidating or threatening manner to us, our agents, the Network Operator or metering service provider (including during telephone conversations with our Customer Services Team); and
(i) you do not, without the prior agreement of YES Power and the Network Operator:
- inject, or attempt to inject, any electricity into the network; or
- convey or receive, or attempt to convey or receive, any signal or other form of communication or any other thing (other than Electricity or, where relevant, load control signals) over the network.
13. Protection of your equipment and appliances
You are responsible for protecting your own equipment. You acknowledge that there may be planned or unplanned Outages from time to time. You acknowledge that surges or spikes are momentary fluctuations in voltage or frequency may also occur and are not treated as interruptions. We are not liable for any consequential damages caused by surges or spikes or loss of supply during outages. We strongly recommend that you install Surge Protection Devices for sensitive equipment like computers, microwaves, televisions and other electronic devices.
We strongly recommend you consider arranging suitable insurance which covers damage from electricity fluctuations.
14. Network Operator’s Equipment and Network
(a) You must not interfere with or damage, and must ensure that your employees, agents and invitees do not interfere with or damage, the Network Operator’s Equipment. You must also take all reasonable steps to protect the Network Operator’s Equipment from damage.
(b) You must, at your cost, provide and maintain at your Premises suitable space for the safe and secure housing of any Network Operator’s Equipment which relates primarily to the connection to the Network of your Point of Connection.
(c) You acknowledge that:
- Any part of the Network situated on your Premises is and will remain the sole property of the Network Operator.
- No provision of this contract, or the provision of any service by the Network Operator in relation to the Network, will confer on you or any other person any right of property or other interest in or to any part of the Network or Electrical Supply Equipment owned or controlled by the Network Operator which are used to provide any such service.
(e) If any of the Network Operator’s equipment is damaged by the negligence or wilful act or omission by you or your agents or invitees, then you will pay the cost of making good the damage to the Network Operator.
(f) There is to be no interconnection at any time between your point of supply and any other point of supply without the Network Operator’s prior written consent.
(g) If your Network Operator is Counties Power and the Network Operator owns the Metering Equipment, you shall not (without the prior consent of the Network Operator) for a period of 5 years from 1 April 2017, install or allow to be installed any other Metering Equipment either by your Retailer or any third party.
15. Your Charges
You must pay for all electricity and related services that we supply to you, in accordance with the provisions of this Agreement. If you have agreed with us on an applicable pricing plan (as recorded in the application form or by some other means), we will charge you Rates and Fees in accordance with that pricing plan. Otherwise, we will charge you in accordance with our Rates and Fees applicable to your Premises, as published on our Website and amended from time to time. In either case, you must also pay for any other amount provided for under this Agreement or otherwise that we both agreed you will be liable for.
Our Rates and Fees may include fixed charges and/or costs that do not depend on your Electricity usage and these may vary depending on the particular pricing plan you are on. There are three main sets of cost components that make up the Rates we charge for the supply of Electricity, including:
(a) the provision of the electricity, metering systems and administration services by YES Power;
(b) the provision and maintenance of the national transmission systems and the local distribution networks needed to deliver Electricity to you including any peak supply charges; and
(c) taxes, levies, imposts, charges or costs imposed by operation of law that YES Power is required to pay.
If you wish to change your pricing plan, products and/or services at any time, please call our Customer Services Team. If you do change pricing plans the change will be effected as soon as possible. Some changes may incur a Fee, the details of which will be set out in our Rates and Fees as published on our website or individually advised to you.
16. Extra products or services
If you request a product or service that involves additional cost(s) or Fees, we will advise you of the additional cost(s) or Fees that are known at the time of your request. If any cost(s) are not known at that time, we will provide you with an estimate of the likely cost(s). Most common costs and fees are available on our website. If circumstances arise, or are likely to arise, where you may incur a fee for a service, we will advise you of this as soon as reasonably practicable. If applicable we will also advise how these fees may be avoided by you.
17. Amendments to Rates and Fees
We may amend our Rates and Fees, or the availability of different plans and payment methods from time to time, but any changes will not apply to you until 30 days after we have given you Notice. However, no such Notice is required in relation to any price changes that are due to you having chosen flexible pricing plan(s) (which may increase or decrease depending on the time and volume of Electricity consumption).
If we amend our Rates and Fees so that, either:
- any Fee; or
- the total invoiced Rates for the type of Electricity supplied, is reasonably likely to increase by more than 5%, and, in the case of any Fee, the increase is reasonably likely to have a material effect on you,
we will individually communicate this to you in writing as soon as possible (and not less than 30 days before the change takes effect). Any Notice of an increase to our Rates and Fees will include an explanation of the reason(s) for the increase.
If applicable Rates and Fees change during a billing cycle, we will average out the Electricity used over the period to determine a daily usage and then apportion your invoice at the different Rates. We will show the consumption at the different Rates on your invoice.
If, based on your previous payment history or any other reasonable grounds, we have concerns about your ability to pay our invoices, we may ask you to pay a bond as security for payment of your account and/or pre-pay for electricity and related services.
If we require a bond the amount of the bond will be notified to you on a case by case basis and we will advise you of our reasons for requesting a bond. You must pay any bond to us within 5 working days or sooner if the bond is a condition of your Electricity supply being reconnected.
We may use the bond at any time to offset any debts you owe us (and where we do so, we may require you to put in place a new bond in accordance with this clause);
If you transfer to another residence, we may apply the bond to that new account.
We may refund any unused portion of your bond to you after 12 months, provided you have met all your obligations under this Agreement, including maintaining a current payment history. We will arrange a refund of your bond by crediting your account with us or paying you by direct credit to your nominated bank account.
If we retain your bond for more than 12 months, we will provide you with the reason(s) why.
Our bond amount is $150. No interest is payable to you on your bond. Bonds are held by us in a separate bank account.
19. Reading meters
YES Power aims to have all customers’ Premises using “smart” meters, which generally allow regular remote monthly meter reading and invoicing. When we are unable to read your meter remotely we will generally endeavour to read the meter(s) at your residence every month, unless you live in a remote area where we will endeavour to do so at least once every 2 months (and in any event not less often than 3 times a year unless otherwise agreed between us). We will ensure we read the meter(s) in accordance with all relevant industry standards and regulations.
You will be invoiced at our current Rates and Fees, unless we have made a separate agreement with you.
Unless otherwise agreed with you in writing, we plan to send you a bill every month for all the electricity and related services we provide you. You must pay each invoice by the due date shown on that invoice.
Our invoices will:
- separately itemise the type, quantity and Rates for the Electricity supplied (or estimated to have been supplied), and any Fees for any related services or products we have supplied to you;
- include the identifier number(s) of all installation control points on your property (ICP Number); and
- include the name of the relevant Network Operator(s) for your area.
Invoices and Notices including Notices of non-payment and default will be emailed to the most recent email address you have given us.
All invoices and Notices sent to you will be considered to have been received by you on the day they were transmitted to the email address to which you asked us to send invoices and Notices to.
Unless there is a valid dispute about the Charges, you agree to pay the total amount shown on each invoice whether the invoice is based on an actual or estimated consumption.
If your invoice is based on an estimate, this will clearly be shown on your invoice. We will provide you upon request with an explanation of how our estimate is calculated. If you receive an invoice based on an estimate and you wish to provide your own meter reading instead, you must do so within 5 days after the date shown on the invoice. Provided you advise us of a valid meter reading within that time, we will amend your invoice based on this reading.
If you do not pay any invoice by the due date we may:
- charge you a penalty fee of 10% plus GST immediately, and interest at a rate of 1.5% per month on the unpaid amount; and
- take steps to recover payment from you and you agree to immediately pay any collection costs, legal fees and any other costs incurred by us in doing so.
This clause does not affect our disconnection rights under this agreement.
If an invoice is sent to you more than two months after the end of the period it covers, and you were not the cause of the delay, you will have at least the length of time covered by that invoice to pay it (and no interest will be payable in respect of that invoice until the expiry of such time). If an invoice is sent to you more than three months after the end of the period it covers, and you were not the cause of the delay, in addition to having at least the length of time covered by that invoice to pay it, we will negotiate an appropriate discount to the amount of that invoice with you. In such cases no interest will be payable in respect of that invoice until the expiry of 30 days after the appropriate discount to that invoice has been agreed.
If you give us notice, or we otherwise believe, that there may be an inaccuracy in any meter or associated fitting located at your residence, we will arrange for the meter or associated fitting to be inspected within 5 working days and, if necessary, repaired or replaced. We will inform you of any extra charge you might incur if we do test your meter prior to undertaking this work. We will also inform you prior to taking any action on your meter which may impact on your invoices or result in an extra charge.
The process set out above for remedying faulty meters complies with relevant regulations and industry standards as at the date of these terms.
If, as a result of such inspection, or our own investigation, it is established that any inaccuracy was due to your actions, we may require you to pay any inspection, testing, repair and/or replacement costs. We may also take legal action against you for any tampering, interference or damage.
If an inaccuracy is found in any meter or associated fitting located at your residence, which has resulted in the amount you have been invoiced for the supply of electricity and related services being different from the amount that you should have been invoiced:
(a) we will promptly issue a credit for any over-charging that has resulted from the inaccuracy; or
(b) in the case of any under-charging, provided that:
- no longer than 2 years has passed from the date that such Electricity or electricity related services were likely to have been supplied; and
- it is reasonable in the circumstances (taking into account whether either party contributed in any way to the inaccuracy, or could reasonably be expected to have known about it); we will issue an invoice for the under-charged amount that has resulted from the inaccuracy.
If you have requested a meter or associated fitting to be tested for inaccuracy, and no inaccuracy is found, we may require you to meet the costs of the inspection of the meter or associated fitting.
If an administrative error occurs that results in the amount you have been invoiced for the supply of electricity and related services being different from the amount that you should have been invoiced:
(a) we will promptly issue a credit for any over-charging that has resulted from the inaccuracy; or
(b) in the case of any under-charging, provided that:
- no longer than 12 months has passed from the date that such Electricity or electricity related services were likely to have been supplied; and
- it is reasonable in the circumstances (taking into account whether either party contributed in any way to the inaccuracy, or could reasonably be expected to have known about it);
we will issue an invoice for the under-charged amount that has resulted from the inaccuracy.
21. Disconnection of Supply
We can disconnect your Electricity supply:
(a) where your application to become a customer was unsuccessful;
(b) if you request a disconnection;
(c) without Notice:
- for safety reasons and/or to prevent or mitigate any environmental or property damage;
- where you refuse to provide access to your property in circumstances where this Agreement requires you to do so;
- where we are asked to do so by the Network Operator; or
- where you act, or allow any person or animal at your residence to act, in an intimidating or threatening manner;
(d) if you commit a material or persistent breach of this Agreement and that breach has been clearly established and is not subject to dispute resolution proceedings, including where you:
- fail to comply, within 10 working days of receiving a written Notice, with any steps required by us to remedy any failure by you in meeting your Agreement responsibilities, in circumstances where we have indicated in the Notice that the responsibility is material;
- fail to comply with a request under clause 18;
- are established to have tampered, interfered with or damaged any meter or associated fittings at your residence or that you have done anything which prevents or hinders the proper reading of such meter(s);
(e) in respect of any particular type of Electricity supply, for non-payment of any invoiced Charges owed by you under or in connection with this Agreement to the extent that the unpaid invoiced Charges relates to that type of Electricity supply, provided that we will not disconnect your Electricity supply for non-payment of:
- Charges calculated based on estimated consumption, unless we reasonably believe it is fair and reasonable in the circumstances to do so; or
- Invoiced Charges which are disputed by you, where you have notified us of the relevant dispute in accordance with clause 31 and the Charges have been disputed in good faith;
(f) if we are required to do so by law, or by industry regulation or if we cease to have an agreement with the Network Operator for the provision of Line Function Services on your network.
In the case of any disconnection under this clause we will comply with the relevant part(s) of our disconnection procedure below.
Disconnection of your Electricity supply does not alter your responsibility to pay all outstanding Charges including any disconnection Fees, collection costs, legal fees and any other costs incurred by YES Power in relation to Charges that are due from you.
In some circumstances, your supply may be disconnected by other parties, such as the Network Operator, including where you breach your obligations under this Agreement.
Where you have a contract with the Network Operator for line services, if your Electricity supply is disconnected by the Network Operator, you will remain liable to us for any Charges incurred during the period of disconnection.
22. Disconnection for Breach of Contract or Non-Payment
Before disconnecting your Electricity supply due to breach of this contract or non-payment we will provide you with 7 working days’ written Notice, setting out the intended date that disconnection will take place and the steps that you need to take if you wish to prevent disconnection.
If all those steps have not been taken within 7 working days of that Notice we will give you a final warning, by way of email, phone call or a notice left at your property, at least 24 hours prior to disconnection (this warning will set out the intended date that disconnection will take place and the steps that you need to take if you wish to prevent disconnection of your Electricity supply). If all steps in the disconnection Notice have not been taken at the expiry of that final 24 hour period, and you have not raised a genuine dispute we will disconnect your Electricity supply.
We will only disconnect you on a Working Day that is not a Friday or the day before a Public Holiday, unless you agree otherwise.
If you have been renting any Electricity Supply Equipment from us, where this Agreement is terminated by either of us, you must provide us, our employees, agents and contractors free, safe and unobstructed access, during normal working hours to allow such persons to remove any metering equipment, or plant owned or provided by us.
23. Reconnection after disconnection
If your Electricity supply has been disconnected for reasons of material breach of contract or non-payment you can get your supply reconnected by paying any outstanding bond amount and/or all outstanding charges owed on your account (including any disconnection or other Fees), together with a reconnection fee. You must provide proof of such payment when requesting reconnection.
Once we have confirmed payment and any other conditions have been satisfied we will reconnect your Electricity supply as soon as reasonably practicable, provided it is safe to do so.
24. Changes to your circumstances
You must notify us as soon as practicable if:
- you expect your Electricity usage to change significantly, or cease, at any time;
- you intend to vacate any residence at which you take a supply of Electricity from YES Power;
- you become aware of any emergency involving your Electricity supply or Electricity supply Equipment or
- you become aware of any circumstances that may prevent or hinder you from meeting any of your responsibilities under this Agreement; or
- you become aware, or have reason to suspect, that any meters and/or associated fittings at your residence have been tampered or interfered with, damaged, or may otherwise be inaccurate.
25. Moving House and Termination of this agreement
If you move house you must give us at least ten business days’ notice of your move and your new address so we can send you a final invoice. You must let us complete a final meter reading at your old premises (a charge may apply) or let us take a final meter reading remotely if an advanced (smart) meter has been installed at your old premises (a charge may apply) or provide us with a final reading over the phone or via email.
If the final meter reading provided by you does not match your rate of consumption we may ask for a final meter reading to be carried out by an approved meter reader, or take a final meter reading remotely if an advanced meter has been installed, and we may adjust your final invoice accordingly. If this is the case we will endeavour to contact you at the phone number you have provided us. We will only take a reading from the meter at your premises in circumstances that are consistent with applicable regulations and industry standards.
If we agree to supply energy to your new premises, these terms and conditions will apply to your new premises.
If you are on a fixed term pricing plan you may terminate this agreement in accordance with the terms of that pricing plan (if at all);
- At any time on ten working days’ Notice to us, on full payment of the early termination fee applicable under that pricing plan; or
- having received a Notice from us proposing amendments to this Agreement, within 30 days of the date of that Notice you elect to terminate by Notice to us.
If there is no fixed term pricing plan applicable to your Electricity supply, at any time on ten working days’ Notice to us, or on completion of a switch of that Electricity supply to another Electricity retailer.
If you leave (e.g. if you move from a flat but your flatmates are staying on) and your name is on the electricity account, it’s important to tell us that you are terminating your account with us, and if necessary make arrangements to transfer it to someone else. If you wish to transfer your account to someone else at the premises, we will need to speak to that person(s) and accept them as our customer before the account can be transferred. If you remain the account holder and energy is consumed at the premises after you leave, you will remain liable to us.
You will continue to be liable to pay for all Electricity and related services supplied by us to your residence (including any Electricity supplied to your residence after the final meter readings) until such supply has been disconnected or switched to another supplier. If, at the time you vacate your residence, you fail to notify us that you wish to disconnect or switch your Electricity supply, you are required to pay all Rates and Fees applicable to any Electricity and related services supplied by us to that residence until you notify us that you have vacated that residence.
If you want your Electricity supply disconnected temporarily, you need to give us 10 working days’ notice. We may charge you a disconnection and/or reconnection Fee. Where you wish to permanently disconnect your supply, we will cease to supply you with Electricity and related services as soon as the Network Operator has safely disconnected your supply. Disconnection will be completed as soon as reasonably practicable after receipt of you request for disconnection. Where you are switching to another supplier, the transition period for your supply will be managed in accordance with the relevant industry standards and regulations. We will facilitate the switch to your new supplier.
26. YES Power’s responsibilities
We will provide a supply of Electricity and related services to you on this Agreement, and in accordance with any relevant industry protocols and codes of practice in New Zealand. We will comply with all applicable legal and/or industry requirements relating to Electricity supply (including our obligations under the Consumer Guarantees Act) and metering.
We may transfer this Agreement, including our obligations to supply you with Electricity and related services, to another company at any time, in which case we will advise you of:
- the company that we are transferring the agreement to;
- where you can access the information you need to contact that company; and
- when the transfer will take effect.
27. Access to your property
You must provide us, our agents, the Network Operator and any metering service provider with safe and unobstructed access to your property for meter installation, reading, testing, inspections and maintenance, disconnection and/or removal. If you do not provide access to the Network Operator the Network Operator may disconnect your supply and reclaim its equipment. If you do not provide us with access to read a meter at your residence, we may have to estimate the amount of Electricity supplied to you and send you an invoice based on this estimate.
You must provide us, our agents, the Network Operator and any metering service provider with immediate access to your residence at any time for safety reasons and/or to prevent or mitigate any environmental or property damage.
Except in routine situations (for example, when reading meters located on the outside of buildings) or emergency situations, we or our contractor or the Network Operator will give you advanced written Notice of the time we will be accessing your residence and the reason why we need such access. Where we, The Network Operator or our contractor, need to access your property to undertake construction, upgrade, repair or maintenance work, we will give you at least 10 working days’ Notice (unless another time is agreed between us). Where we, The Network Operator or our contractor, need to access your property to inspect or operate any equipment used in, or in connection with, the generation, conversion, transformation or conveyance of electricity, we will provide you with a reasonable amount of Notice.
You must ensure that any dog or other animal that may make entry unsafe is secured to enable safe and easy access and keep us informed about any health and safety and/or Resource Management Act 1991 requirements or issues at your premises that could be relevant to our representatives or the representatives of a meter company or The Network Operator or other third parties who own energy supply equipment on your premises when they visit your premises.
28. Protection of your security
We will (and any third party acting on our behalf will) ensure that, any employees, agents or other person accessing your residence on our behalf will:
- identify themselves to you and, if requested, provide you with appropriate identification;
- act courteously, considerately, and professionally; and
- comply with your reasonable requirements and take reasonable steps to minimise direct impacts on the property or inconvenience to you in relation to such access.
If we have a key or security information to enable us to gain access to your premises, we will be responsible for its safe keeping and will use it only for the purposes of reading your meter. We will comply with any direction from you to return or destroy keys that you have given us.
29. Personal Information
To carry out our obligations under this Agreement, and to provide you with Electricity and related services, we need some information about you. Unless we have your permission (or it is otherwise required by law or allowed under this Agreement) this information will only be used by us for purposes related to supplying you with Electricity and related services, including, but not limited to:
- confirming your identity, creditworthiness and other aspects of our assessment of your application to become a customer or to continue to supply you with Electricity and related services;
- invoicing, account maintenance and on-going credit control activities;
- improving our customer services and for carrying out market research.
You agree to allow us to obtain information about you from third parties for the purpose of ascertaining or verifying your credit status.
Any personal information you give us (other than meter readings) will be confidential and will be held by us in accordance with our obligations under the Privacy Act 1993. You can also request a copy of all information we have about you or your account and you are able to correct it if it is wrong.
You agree that we may give information about you or your account to:
- the Network Operator (or a trust or co-operative that owns the Network Operator), any metering service provider or any relevant industry body (such as the Electricity Authority, and Utilities Disputes Limited) where YES Power is required to do so by law, or deems it reasonably necessary to do so; and/or
- an agency employed to recover overdue payments, or to provide credit reporting services; and/or
- the Electricity Authority, where required to do so pursuant to the Electricity Industry Participation Code 2010.
30. Breach of contract and loss
If you do not meet your responsibilities under this Agreement we will send you a written Notice explaining what is wrong and asking you to remedy your default.
If we do something that should reasonably have been avoided, or omit to do something that should reasonably have been done, and as a result you suffer a loss in relation to normal domestic activity, then we may be liable for that loss.
Neither you nor YES Power will be liable for:
- any losses arising from events beyond the parties’ reasonable control, including acts of God, human events such as industrial actions, war and other hostilities, and natural events such as fire, earthquake, lightning strike and storms; or
- any indirect or consequential loss, loss of profits or similar types of losses.
Other than as required under the Consumer Guarantees Act or under this Agreement, YES Power will not be liable for any loss or damage arising out of any planned or unplanned Outages. In particular, we are not liable for any loss or damage which results from any act or omission of the Network Operator or any metering service provider, nor are we liable for any loss or damage arising from the failure of someone else to supply us with Electricity or the quality or character of Electricity supplied. We will carry on honoring our obligations under this agreement as soon as it is reasonably practicable for us to do so.
If we receive compensation from a third party for losses resulting from the interruption of your supply, we will pass on a portion of that compensation to you and, if requested, we will provide you with an explanation of how the amount passed on was calculated.
If your property is damaged by any interruption of, or interference with, your Electricity supply, and the problem was not caused by us, you may be able to claim against someone else (or your household insurance). In such circumstances, you may wish to seek professional advice on this.
Nothing in this contract excludes or limits any rights or remedies you might have under the Consumer Guarantees Act 1993. If you acquire goods or services from us for the purposes of a business, the Consumer Guarantees Act 1993 does not apply.
If we are liable to you under or in connection with this Agreement, the maximum amount we will be liable for is $10,000 for any event or series of related events. We may choose to replace any damaged property or goods, up to the same maximum amount, instead of paying cash.
Our limitations of liability extend to our employees and agents for the purposes of the Contracts (Privity) Act 1982.
Notwithstanding any provision to the contrary in this agreement, nothing in this agreement will exclude or limit the application of any law in New Zealand where such law applies to the supply of electricity, or any other services we supply, to the extent that to do so would:
- contravene that law; or
- cause any part of this agreement to be void.
31. When we disagree
Please contact us with any problems as soon as practicable. You can raise any complaints (including any disputed Charges) by contacting our Customer Services Team or our Operations Manager on 0800 YESPOWER (0800 937 769) or writing to us at PO Box 1168, City Central, Christchurch 8013. Our complaints process is free to use. We will acknowledge your complaint within 2 working days and make every effort to promptly provide you with a satisfactory response. If we cannot resolve your complaint immediately our aim is to resolve all complaints within 5 working days and no longer than 20 working days.
We are responsible for managing complaints relating to the supply of Electricity and related services under this Agreement. However, if it is more appropriate that your complaint is dealt with by the Network Operator (Lines Company) or any metering service provider rather than by us, we will refer your complaint to them. We will notify you of this and will give you the name of the relevant company. Nothing in this clause shall limit YES Power’s ability to bring court proceedings seeking a remedy or relief in connection with any breach of this Agreement by you.
YES Power is a member of the Utilities Disputes Ltd Scheme (UDL), so if your complaint is within the jurisdiction of the Scheme, and:
- you are not satisfied with our response; or
- we have not resolved your complaint within 20 working days, and we have not written to you with good reasons why it will take more time; or
- we have not resolved the complaint after 40 working days,
you may refer your complaint to the Utilities Disputes (www.utilitiesdisputes.co.nz or 0800 22 33 40), a free and independent service. You may also wish to write to our Operations Manager, YES Power Limited, PO Box 1168, City Central, Christchurch 8013 or email email@example.com or refer the complaint to the disputes tribunal or the court.
In the case of a dispute about Charges you owe, we will not require you to make payment of the portion of the Charges that is in dispute. However, once the dispute is resolved we will promptly credit your YES Power account with any amount found to be due to you, or you must pay us within 14 days any Charges which are owed to us by you. If you do not pay us within this time, or you do not make payments of amounts not in dispute, these amounts will be treated as overdue. This may lead to us proving you with Notice of pending disconnection for non-payment.
32. Changes and amendments
YES Power may amend this Agreement from time to time but any new terms will not apply to you until 30 days after we have given you Notice of the amendments. If we reasonably believe that any amendment made amounts to a material change to the terms, we will individually communicate this to you in writing as soon as reasonably practicable (and not less than 30 days before the amendment takes effect).
33. Event of default
Where YES Power commits an “event of default” as defined by the Electricity Industry Participation Code 2010, YES Power or the Electricity Authority may assign YES Power’s rights and obligations under this Agreement to an alternative Electricity retailer (Recipient Retailer). In the event that such an assignment occurs, the terms on which you will be supplied with electricity by the recipient retailer will be amended to the standard terms that the recipient retailer would normally have offered to you immediately before the relevant “event of default” occurred (or such other terms that are more advantageous to you than the recipient retailer’s standard terms, as the recipient retailer and the Electricity Authority agree). On such an assignment, these terms may be amended to include a minimum term in respect of which you must pay an amount if you wish to cancel these terms prior to the expiry of that minimum term. We may provide information about you to the Electricity Authority (and the Electricity Authority may pass this information on to the recipient electricity retailer), if required under the Electricity Code.
For the purposes of the Contracts (Privity) Act 1982, this clause is included for the benefit of, and is enforceable by, the Electricity Authority and may not be amended without the consent of the Electricity Authority.
34. End date of this Agreement
This agreement will terminate on the later of the following dates:
- the date on which your Electricity supply is switched or transferred to another provider; and
- the date falling 10 days from the date of disconnection of your Electricity supply for reasons of non-payment or breach of this contract.
During any period after your Electricity supply has been disconnected but before this Agreement has been terminated this Agreement will continue in full force and effect but YES Power will not be obliged to supply you with Electricity and/or Electricity Related Services (or to perform any of its other obligations under this Agreement which relate to the supply of Electricity and/or Electricity Related Services).
Termination of this Agreement does not affect any rights and remedies available to a party under this Agreement which have accrued up to and including the date of termination (including your responsibility to pay all Charges applicable to any Electricity and related services supplied by YES Power to you up to and including the date of termination, and all other amounts (including any disconnection Fees, collection costs, legal fees and any other costs incurred by YES Power in relation to Charges that are due from you) as required under the terms of this Agreement).
All clauses of this Agreement which are expressly stated, or which by their nature are intended, to survive termination shall continue in full force and effect following termination of this Agreement.
35. Terms used in this Agreement
In this Agreement, when we talk about:
Agreement – we mean these terms and conditions which govern the agreement between you and YES Power for the supply of Electricity and related services.
Charges – we mean the amount payable by you, based on our Rates and Fees, for Electricity and related services.
Customer Services Team – we mean our team who can be contacted by calling 0800 YESPOWER (0800 937 769) or emailing firstname.lastname@example.org;
Electricity or Electricity Related Services – we mean electricity, and services related to those products, including the rental of any Electricity supply Equipment;
Electricity Supply Equipment – we mean any equipment used to supply electricity within your home (such as wiring, fuses etc.).
Network Operator – we mean the operator of any relevant Electricity transmission or distribution system;
Notifying you or giving you Notice – we mean that we may:
- place a notice or advertisement in the local, regional or national newspaper;
- contact you directly by sending you an email or letter;
- posting a notice on our Website;
- combine any of the above.
Outages – we mean interruptions, suspensions or reductions in your Electricity supply (Outages are “planned” when we have been given no less than 8 working days’ Notice of their occurrence by the Network Operator, otherwise they are “unplanned”);
Rates and Fees – we mean our current list of Rates and Fees which we publish from time to time, as amended according to this Agreement and are available by calling us (“Rates” generally refer to amounts that we charge for the supply of electricity and “Fees” generally refer to the amount we charge for Electricity Related Services);
Residential Customer – we mean a person who purchases or uses Electricity for domestic premises (but does not include any premises described in section 5(c) to (k) of the Residential Tenancies Act 1986 (which refers to places such as jails, hospitals, hostels, hotels, and other places providing temporary accommodation)); and
Premises means the property to which electricity is supplied or is to be supplied to a consumer (including the land and buildings within the boundary of the property);
We, Us, YES Power and YES Power Limited mean YES Power Limited;
Website we mean www.yespower.nz