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Website Terms of Use

Market Offer Contract – Energy with Benefits

Payment Terms and Conditions

NSW Written Disclosure Statement

Standing Offer Contract

Standard Complaints & Dispute Resolution Procedures

Your Rights, Entitlements and Obligations


 

Website Terms of Use

Mojo Power Pty Ltd

Welcome to our website. This website is owned and operated by Mojo Power Pty Ltd (ABN: 85604909837), successors and assignees, (we or us). It is available at: http://mojopower.com.au (Site) and may be available through other addresses or channels.

These Terms of Use (Terms) govern your use of our Site and form a contract between you and us if you use the Site. Please read these Terms carefully. Your use of the Site indicates that you have had sufficient opportunity to access the Terms and that you have read and accept the Terms.

1. Information

The information, including statements, opinions and documents contained in this Site (Information) is for general information purposes only. Any reliance you place on the Information is at your own risk.

2. Amendment

The Information and Terms may be amended without notice from time to time in our sole discretion. Your use of our Site following any amendments indicates that you accept the amendments.

3. Your warranties

You warrant to us that you have the legal capacity to enter these Terms and form a contract, and that you have read and understood the Terms, before using the Site.

4. License to use the Site

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and licence to use the Site for your personal, non-commercial use, in accordance with the Terms. All other uses are prohibited without our prior written consent.

5. Prohibited Conduct

You must not:

(a) Use the Site for any activities, or to post or transmit any material from the Site unless you hold all necessary rights, licences and consents to do so;

  • that infringes the intellectual property or other rights of any person;
  • that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
  • that defames, harasses, threatens, menaces, offends or restricts any person;
  • that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or
  • that would bring us, or the Site, into disrepute.

(b) Interfere with or inhibit any user from using the Site;

(c) Use the Site to send unsolicited email messages;

(d) Attempt to or tamper with, hinder or modify the Site, knowingly transmit viruses or other disabling features, or damage or interfere with the Site, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Site; or

(e) Facilitate or assist another person to do any of the above acts.

6. Copyright and Intellectual Property Rights

Our Site contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of our Site. We own the copyright which subsists in all creative and literary works displayed on the Site.

You agree that, as between you and us, we own all intellectual property rights in the Site, and that nothing in these Terms constitutes a transfer of any intellectual property ownership rights.

You must not breach copyright or intellectual property rights, including but not limited to, that you must not:

(a) alter or modify any of the code or the material on the Site;

(b) cause any of the material on the Site to be framed or embedded in another website;

(c) create derivative works from the content of the Site; or

(d) use our Site for commercial purposes.

7. Privacy

We are committed to protecting your privacy. Please read our Privacy Policy, available on our Site. By agreeing to the Terms, you agree to accept our Privacy Policy.

8. Your content

If you choose to add any content on the Site, you:

(a) warrant to us that you have all necessary rights to post the content;

(b) grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way; and

(c) you consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must ensure that the third party consents in the same manner.

9. Third party information

The Site may contain third party information, including but not limited to user comments, guest articles and advertisements (Third Party Information). We do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information.

10. Third Party links and websites

This Site may contain links to websites owned by third parties (Third Party Sites). We do not control, recommend, endorse, sponsor or approve Third Party Sites, including any information, products or services mentioned on Third Party Sites.

11. Reservation of Rights

We reserve the right to amend or delete any and all of your content, Third Party Information and/or Third Party Sites, and to block any user, if we believe that there is a violation of these Terms, or for any other reason, in our sole discretion.

12. Delays and outages

We are not responsible for any delays or interruptions to the Site. We cannot warrant that the Site will be available at all times or at any given time. We may at any time and without notice to you, discontinue the Site in whole or in part. We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Site.

13. Limitation of Liability

To the extent permitted by law, we exclude all liability for any loss or damage suffered by you or any third party, or claims made against you or any third party which result from any use or access of, or any inability to use or access the Site.

To the extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms, and the Australian Consumer Law to the extent applicable.

14. Disclaimer

The Site is provided to you without warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the functions contained in any material on the Site or your access to the Site will be error free, that any defects will be corrected, that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Site will operate on a continuous basis or be available at any time.

While we endeavour to keep the Site and information up to date and correct, we make no representations, warranties or guarantee, express or implied, about:

(a) the completeness, accuracy, reliability, suitability or availability of any Information, images, products, services, or related graphics contained on the Site for any purpose;

(b) Third Party Information; or

(c) Third Party Sites.

You read, use, and act on information contained on the Site, Third Party Information and/or Third Party Sites, strictly at your own risk.

15. Indemnity

By using the Site, you agree to defend and indemnify and hold us (and our officers, directors, employees and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:

(a) your use of or access to the Site;

(b) any breach by you of these Terms; or

(c) any wilful, unlawful or negligent act or omission by you.

This defence and indemnification obligation will survive these Terms and your use of the Site.

16. Breach

You may only use the Site for lawful purposes and in a manner consistent with the nature and purpose of the Site. By using this Site, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable you must not use this Site. We reserve the right to remove any and all content found to be in breach of copyright, or which in our opinion is deemed inappropriate and/or illegal. If you breach the Terms, we reserve the right to block you from the Site and to enforce our rights against you. If we do not act in relation to a breach of the Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms by you. All rights not expressly granted in the Terms are reserved.

17. Exclusion of Competitors

You are prohibited from using our Site, including our information, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use. We reserve the right to exclude any person from using our Site and Information, in our sole discretion.

18. Enforceability

If any provision of the Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in the Terms in that jurisdiction. This will not affect the remainder of the Terms, which continue in full force and effect.

19. Termination

The Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms and limitations of liability set out in the Terms will survive.

20. Disputes

You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process. Please notify us in writing of any dispute you may have.

21. Jurisdiction

Your use of this Site and any dispute arising out of your use of it is subject to the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the jurisdiction of the Courts of New South Wales for determining any dispute concerning the Terms.

22. General

If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions. If we do not act in relation to a breach by you of these Terms, this does not waive our right to act with respect to that or subsequent or similar breaches.

For questions and notices, please contact us at:

Mojo Power Pty Ltd (ABN: 85604909837)

Address: GPO Box 7049, Sydney, New South Wales, 2001, Australia

Email: hello@mojopower.com.au

Last update: 8 September 2015

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Market Offer Contract – Energy with Benefits

Version 3.2 December 2016

Important Notice: If you change your mind, you have a right to cancel your contract within 10 Business Days from and including the day after you signed or received your contract. Details about your additional rights to cancel this contract are set out in this contract.

1. What’s covered in your contract?

Your contract covers the sale of electricity by Mojo to you at your service address and your access to Mojo’s products and services provided under this contract. This Market Offer Contract only applies to you if you are a Small Customer.

By entering into this contract, you acknowledge that you have given explicit informed consent to the terms of this contract.

Your contract is set out in the following parts:

       Welcome page/email sent to you following you entering into this contract

Section 2 Your cooling off rights

Section 3 What you get under this contract

Section 4 What you need to pay. This is supplemented by your Energy Price Fact Sheet

Section 5 Billing and payment

Section 6 Credit checks and security deposits

Section 7 Other things you need to do

Section 8 When your contract ends – including if you are moving

Section 9 Disconnection

Section 10 General things for you to know – including complaints and privacy information

Section 11 Terminology

2. Change your mind?

Just tell us within 10 Business Days from the date you agree to this contract, or from the date you receive your contract documents, if that date is later. This is your cooling off period. If this contract is an unsolicited consumer agreement under the Australian Consumer Law, your cooling off period is extended to 11 Business days. You can tell us by contacting us, or by returning the Cancellation Form that you may have received with your contract (it is also available on mojopower.com.au).

If you change your mind after this time, see section 8 on how you can end your contract.

3. What you get – energy + benefits

3.1 EnergyPass®

Your contract entitles you to an EnergyPass® subscription, under which you will get access to our products and services.  Each type of EnergyPass® provides you with a certain level of products and services.

  • Every type of EnergyPass® gives you access to our electricity rates (Mojo Rates).
  • The Basic EnergyPass® is only available to you if you do not have a Smart Meter installed at your Service Address.  All other EnergyPass® include a Smart Meter installation at your service address if one is not already installed.
  • The Premium EnergyPass® also provides you with access to a dedicated phone support line.
  • There may be other benefits specific to an EnergyPass® that may be available to you, which we will communicate to you from time to time.

You can change your EnergyPass® during your contract, however it must be to another type of EnergyPass® that you are eligible for at your service address. We will let you know of any processing times for your EnergyPass® change when you make your request and the changes to the EnergyPass® fee.

3.2 Energy

You will start receiving electricity under this contract once all the following steps have been completed:

  • you have verified your contact details to us – this may require you following the prompts in an email we send you;
  • made your first EnergyPass® payment – (see section 4.1) and enter into a direct debit request service agreement with us for the payment of your bills; and
  • Mojo becomes the electricity retailer for your service address following the end of the cooling off period.

It could take up to 3 months for Mojo to become the electricity retailer for your service address, if Mojo is not currently the electricity retailer for your service address.  We will notify you within 5 Business Days of this happening.

You authorise Mojo to take all necessary steps to arrange the transfer of your electricity retailer to Mojo.  The transfer may be stopped before it completes for any reason, including where you do not meet our credit criteria.

3.3 Smart Meter (Plus+ and Premium EnergyPass® only)

If you do not have a suitable Smart Meter at your service address, we will engage a Metering Provider to install a Smart Meter at your service address if you qualify under your level of EnergyPass®, once Mojo becomes the retailer for your service address. There may be limited circumstances where a Metering Provider is unable to install a Smart Meter at your service address and, in rare cases, the Smart Meter installation may be delayed for reasons including, where you have not fulfilled your responsibilities in section 7 or there are technical difficulties with the installation. We will notify you promptly if any of these circumstances happen.

We are relying on you having the appropriate authority to approve your existing meter being replaced with a Smart Meter, so you must have this authority when you enter into this contract.

3.4 Other products and services

You may receive other products and services as agreed between you and Mojo. These may be under separate terms and conditions.

4. What you need to pay

4.1 Your rates and charges

The rates and charges that you will need to pay under your contract are detailed in your Energy Price Fact Sheet. These rates and charges may vary from time to time (see section 4.2).

Here is an explanation of the rates and charges:

EnergyPass®

This is the subscription fee for the EnergyPass® and comprises a flat monthly fee payable for each calendar month (or part of) during your contract. These amounts are payable in advance, with your first monthly payment to be paid at the time you enter into this contract (or following the end of any applicable cooling off period). You may also prepay the monthly fees annually in advance. This fee is non-refundable.

The EnergyPass® fee is based on the type of EnergyPass® that you select at the time you enter into this contract or change to during your contract (see section 3.1)

Usage charge

This is a charge based on the amount of electricity you use, calculated at your applicable usage rate.  This rate is your Mojo Rate, unless the Standard Rates apply under section 4.2.  See section 5.1 for further information on how your usage is determined.

Daily supply charge

This is a fixed charge for supplying electricity to your service address regardless of how much electricity you use, and is based on your applicable rate.

Distributor charges

These are additional amounts your Distributor charges us for specific services related to your service address, such as for disconnections, connections and special meter readings. We have no control over the amount of these charges and you will only pay what we get charged.

Metering charges

These are amounts relating to your metering equipment and servicing of your meter, including installation, maintenance, checking and meter reading.

Taxes

These are any taxes (including GST), duties, levies, regulated charges, costs, fees and charges incurred directly or indirectly by us when we supply to you.

Payment processing fee

These include processing fees that relate to paying your bill over the counter in person at a third party outlet or via PostBillPay, fees associated with rejected payments, or merchant services fees associated with paying by credit card or another payment method.

Other charges

These relate to other costs we may incur for supplying the products to you under this contract, including arranging network services for you and collecting your outstanding debt.

4.2 When will your rates change

You will only be eligible for the Mojo Rates (as set out in your Energy Price Fact Sheet) if you have paid for your EnergyPass® by each Due Date.  If you do not pay these amounts on time, we may apply the Standard Offer and Charges from the date you became ineligible or the date we became aware that you became ineligible. We will notify you in advance if this will happen.

We will notify you of any other changes we make to your rates and charges as soon as practicable and at latest by your next bill.  If your rates change during a Billing Period, your bill will be calculated on a proportionate basis to reflect the change.

5. Your bills + payment

5.1 Your bills

You will receive bills from us on a monthly basis except in rare circumstances.  The bill will be based on the electricity used during the Billing Period and any other applicable fees and charges.  We will send bills to you by email and you can also access your bills and bill history in MyMojo at mojopower.com.au.

We always aim to base your bill on actual meter readings.  However, your usage may need to be estimated for a bill if we have not received the required metering data or are unable to reasonably or reliably use an actual meter reading.  Once we are able to obtain an actual meter reading, your bill will then be adjusted accordingly.

5.2 Paying your bills

Each bill must be paid in full by its Due Date, which will generally be 3 Business Days after the bill has been issued. We will arrange for payment of the amount owed under your bills by using the direct debit or credit card details you provide to us. These payments will be made on the Due Date of each bill. If there are insufficient funds in your account or your credit card is declined, any related fees imposed on us are payable by you if allowable under the Energy Laws, and may be included in a later bill. If your direct debit or credit card details change or expire, you must provide us with updated details as soon as possible.

Alternative payment methods that we accept are listed on your bill and payments in advance are available to you. If you only partly pay your bill, we will determine the charges your payment will be applied to unless you have advised us otherwise at the time of payment.

If you are having difficulties paying your bill, please contact us as soon as possible. We may be able to help you with a payment plan or give you information on other financial support.

If you do not pay your bill (unless your bill is under review under section 5.3 or you’re on a current instalment plan), we may do one or more of the following:

  • use your Security Deposit, if any (see section 6.3);
  • disconnecting your energy supply (see section 9);
  • ask a debt collection agency to collect your payment;
  • transfer your debt to a third party who may then seek to collect your payment; or
  • rely on any other rights we have under this contract or by law.

5.3 Reviewing your bill

You may ask us to review your bill at any time (refer to our complaints process – see section 10.1). We may also review your bill if we suspect an issue. Following a review, you may be required to pay any outstanding amounts properly billed to you or we may adjust your bill in line with any amounts incorrectly billed (or not billed) to you, and we will do so in line with the Energy Laws. We will inform you of the outcome of a review as soon as reasonably possible.

If you have asked for your meter or meter reading to be checked, we may require you to pay for the cost of the check unless you are a Victorian customer. This amount will be refunded to you if the meter is found to be faulty or incorrect. If you are a Victorian customer, we may ask you to pay the cost of the check but only if the meter or meter data is found not to be faulty or incorrect.

While your bill is being reviewed, you still need to pay the portion of your bill that is not under review (or if less, an amount equal to the average of your bills over the previous 12 months). You must also pay any other bills that are properly due.

6. Credit and Security Deposits

6.1 Credit criteria

You must meet Mojo’s credit criteria and you consent to us obtaining information relating to your credit history in order for us to check your suitability against these criteria. We will manage your credit related information in accordance with our Privacy Policy (see section 10.2).

6.2 Security deposit

You may be required to pay a Security Deposit if we require you to do so, which will only be in the circumstances permitted under the Energy Laws. We will pay you interest on your Security Deposit in line with the Energy Laws.

We may use your Security Deposit, and any interest earned on it, to offset any amount you owe us if you fail to pay a bill. We will let you know if this happens and will only do so in accordance with the Energy Laws.

Your Security Deposit and any accrued interest will be applied as a credit on your next bill if we decide that it is no longer required.

7. Other important things you need to do

7.1 Your details

We need your up to date personal details in order to provide you energy + benefits. You can check and update your details by signing into MyMojo at mojopower.com.au.

7.2 Access to your meter

Mojo, Metering Provider, Metering Data Provider, Distributor and any other qualified provider will from time to time require access to your service address for the installation, reading or servicing of your meter or other equipment provided by us. You must allow safe and easy access to your service address for this purpose, otherwise our obligations under this contract may be suspended until you do.

7.3 Meter and other equipment

Your meter (including Smart Meter) and any other equipment provided by us or otherwise associated with your electricity supply must be kept in good condition and not damaged or interfered with in any way. Your meter or any other product or equipment provided by us is the property of Mojo or a third party supplier (unless we otherwise agree). You must contact us as soon you become aware of any issues or if any potential risks arise that may affect the meter or equipment, e.g. if any works need to be carried out near the equipment, and ensure only qualified people perform any work near your meter or equipment.

7.4 Your electricity

The electricity used at your service address is within your control and is your responsibility once it passes the point of connection at your service address.
Illegal use of electricity at your service address is prohibited under your contract. We require you to not, and take reasonable steps to ensure others do not, illegally use electricity at your service address.

7.5 Life support equipment

It is important that you tell us or your Distributor if you or a person living at your service address requires life support equipment, or if life support equipment is no longer required. You can tell us by sending us an email.

8. When your contract ends

8.1 How you can cancel your contract

You can cancel your contract at any time by contacting us or by returning the Cancellation Form that you may have received with your contract (it is also available on mojopower.com.au). Your contract will then end after 20 Business Days, or immediately if you cancel within the cooling off period (see section 2).

8.2 How cancellation may otherwise occur

Your contract can also be cancelled if:

  • your service address is not transferred to us as your retailer within 3 months of you agreeing to this contract;
  • you do not pay your first EnergyPass® payment, enter into a direct debit request service agreement with us or verify your contact details (see section 3.2);
  • another retailer becomes the electricity retailer for your service address;
  • you enter into a new contract with us to supply electricity to your service address;
  • another person enters into a new contract with us for your service address;
  • you move out of your service address and have paid our final bill;
  • your service address has been disconnected for 10 Business Days and you do not have a right to be reconnected;
  • you do not pay for your EnergyPass® in full by the Due Date (unless you are on a current instalment plan) and we notify you that this contract will end; or
  • we give you at least 20 Business Days’ notice that your contract is being cancelled by us.

8.3 What happens after cancellation

If your contract is cancelled, you may be required to return any products provided to you under this contract within a reasonable timeframe.

If we continue to be the electricity retailer for your service address after cancellation, the Standard Retail Contract will apply to you unless:

(a) you move or enter into a new contract with us or another retailer for your service address; or
(b) we agree to continue to supply to you on the same terms as this contract.

Any rights or remedies accrued by you or us before the end of this contract will not be affected by this contract ending.  Sections 5, 6, 8 and 10 also survive this contract ending.

8.4 Moving?

If you are moving, you must give us at least 5 Business Days’ notice. We will then arrange a final meter reading for an agreed date, or as soon as possible if your meter cannot be accessed on that date. You are responsible for the rates and charges for your service address up to your final meter reading or until you move, whichever is later. If you do not tell us that you are moving, you are responsible for the rates and charges for the service address until:
(a) we find out you have moved and a final meter reading has been taken;
(b) the electricity supply has been disconnected or transferred to another retailer; or
(c) we enter into a new contract for the service address.

9. Disconnection

We may arrange for the electricity supply at your service address to be disconnected if any of the following events occur (unless the Energy Laws prohibit us from doing so):

(a) you ask us to disconnect your service address or you move out;
(b) you fail to pay your bill by the Due Date and you have not agreed to pay your bill by instalments or you have failed to adhere to your instalment plan;
(c) you refuse to provide a Security Deposit;
(d) you fail to allow access to your meter for 3 consecutive meter readings;
(e) electricity has been fraudulently or illegally used at your service address; or
(f) we are otherwise entitled or required to do so by law.

Before disconnecting you, we will notify you in line with the Energy Laws (except where we are not required to, e.g. safety issue).  We will also follow restrictions in the Energy Laws on when disconnections cannot occur, e.g. life support equipment is registered for the service address.

10. General things for you to know

10.1 Complaints process

If you have any enquiries or complaints, please contact us at complaints@mojopower.com.au.  We will follow our complaints process and inform you of the outcome. A copy of our complaints policy is available at mojopower.com.au.  If you are not satisfied with our response, you may contact the Energy Ombudsman in your state.

10.2 Privacy

We will comply with all relevant privacy laws regarding your personal information.  Our Privacy Policy sets out how we will collect, use, store and disclose your personal information (including your credit related information).  Your personal information may include data that we collect from your meter and we may use this information to be able to provide products and services to you.  A copy of our Privacy Policy is available at mojopower.com.au.

10.3 Changes to your contract

In addition to varying your rates and charges under section 4.2, changes to your contract can be made where:

(a) we give you one month’s notice and you accept the change by not cancelling the contract during that month;
(b) we need to make a change due to a law and we notify you of the change; or
(c) you and we otherwise agree.

10.4 How we may contact you

If we need to deliver notices to you, we will do so in writing (unless the Energy Laws say otherwise):

(a) in person;
(b) by post (notice is taken as received 2 Business Days after it was posted);
(c) by electronic message, including email, SMS, electronic message to MyMojo and mobile application messages (notice is taken as received on the date of transmission); or
(d) by a message from us on your bill.

10.5 Warranties

To the extent permitted by law, the only warranties that apply to this contract are expressly stated in this document. However, you have non-excludable warranties under the Competition and Consumer Act 2010 (Cth).

10.6 Events beyond our control

If we cannot meet an obligation under your contract (except an obligation to pay money) because of an event beyond our control, we must:

(a) use our best endeavours to minimise the effects of the event; and
(b) promptly notify you with the full details of the event, including its likely duration and the steps being taken to minimise its effects. (If the event has widespread effects, we will notify you via a 24-hour telephone service within 30 minutes of being advised of the event or otherwise as soon as practicable.

The obligation that cannot be met due to the event is then suspended to the extent it is affected by the event.

10.7 Mojo exclusions

Subject to the Energy Laws:

(a) we are not liable to you for any loss or damage connected to or arising from this contract, except where we breach this contract or are negligent;
(b) we are not liable and make no representation to you on the reliability, quality, safety of your electricity supply (your Distributor is responsible for the physical supply of your electricity) or any other goods or services provided to you under this contract;
(c) you are responsible for investigating the suitability of our products and services before accepting them and we are not be liable for any loss or damage resulting from any unsuitability or a change of mind;
(d) we are not responsible for any representations made by third parties or for fulfilling any obligations you have if you purchase any third party products or services outside of this contract, and we are not liable for any resulting loss or damage;
(e) you indemnify us against any loss or damage connected to or arising from the use of energy supplied to you, your breach of this contract or your negligence up to the amount we would otherwise have been able to recover at law; and
(f) we may set off any amount we owe you against any amount you owe us.

10.8 Applicable law and contract application

The laws of the state in which your service address is located apply to this contract. If there is any inconsistency between this contract and the Energy Laws, this contract prevails to the extent permitted under the Energy Laws.
If any part of this contract is found to be unenforceable, that part will not apply but the rest of the contract will apply unchanged.

11. Terminology

11.1 References to documents

A reference in this contract to:

  • this contract or another document includes any changes to them;
  • the law includes the Energy laws;
  • any law includes any regulations or instruments related to that law and any changes to any of them;
  • a meter includes a Smart Meter; and
  • us supplying you with electricity or connecting your service address means we will arrange for your Distributor to do so. (The physical connection of your electricity is your Distributor’s role. This is covered under a separate customer connection contract between you and your Distributor).

11.2 Definitions

Australian Consumer Law has the meaning given in the Competition and Consumer Act 2010 (Cth).

Billing Period means any period in which a bill is or may be issued.

Business Day means a day other than a Saturday, Sunday or public holiday in the capital city in which your service address is located.

Distributor means the entity responsible for the physical supply of electricity and connection to your service address.

Due Date means the due date for a bill issued under section 5 or such other date as we agree with you.

Energy Laws means the laws, rules and regulations on energy applicable to the retail of electricity applicable in the State of supply, including the instruments made under them, which for New South Wales and Queensland customers includes the National Energy Retail Rules and for Victorian customers includes the Energy Retail Code.

Energy Price Fact Sheet means the documented rates, fees and charges applicable to your contract. At the time you enter into this contract, this will comprise the document “Energy Price Fact Sheet” provided to you (with the applicable usage and supply rates in the document to be confirmed shortly after you enter into this contract), which will be may be amended by us from time to time in accordance with your contract or if the Standard Rates and Charges apply to you under this contract.

Excluded Provisions means sections 119 and 120 of the National Electricity Law and sections 97 and 97A of Electricity Act 1994 (Qld).

Implementation Act means if you are a NSW customer, the National Electricity (New South Wales) Act 1997 (NSW) and if you are a Queensland customer, the National Energy Retail Law (Queensland) Act 2014 (Qld).

Metering Data Provider means a metering data provider under the National Electricity Rules that is accredited by and registered with the Australian Energy Market Operator.

Metering Provider means a metering provider under the National Electricity Rules that is accredited by and registered with the Australian Energy Market Operator.

Mojo, our, us, or we means Mojo Power Pty Ltd ABN 85 604 909 837.

Mojo Rates means the rates and charges for usage and supply charges detailed in the Market Offer Energy Price Fact Sheet relevant to the time of your bill.

MyMojo means your unique customer portal at mojopower.com.au available to you to manage your contract and gain access to related information including electricity usage, bills and payment history and communications from Mojo.

National Electricity Law means the National Electricity Law, as enacted under the Implementation Act.

National Energy Retail Law means the law applying under the Implementation Act.

National Rules means the National Energy Retail Rules made under clause 238 of the National Energy Retail Law.

Security Deposit means an amount of money paid or payable to us as security against non-payment of a bill in line with the National Rules.

Small Customer means a residential customer or a business customer who consumes energy at or below a level determined under the Energy Laws, and if you are located in Victoria, means a domestic small business customer as defined under the Energy Laws.

Smart Meter means a Mojo-specified Type 4 digital metering device compliant with specifications set out in the National Electricity Rules (made under the National Electricity Law, or an alternate metering device that records your electricity consumption in short intervals that we determine meets similar specifications.

Standing Offer Rates and Charges means the standing offer and charges available on mojopower.com.au.

Standing Offer Contract means Mojo’s Standing Offer Contract applying to you in your respective State, available on mojopower.com.au.

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Payment Terms and Conditions

Version 3.0 October 2016

This Direct Debit Request Service Agreement (DDRSA) is between you and Mojo and sets out the terms governing your direct debit request and your obligations in undertaking a direct debit arrangement with us.  

 

  1. In accordance with your online, verbal or written request, you have authorised Mojo Power Pty Limited ABN 85 604 909 837 (Direct Debit Identification No. 489360) to arrange for funds to be debited from your Account or Credit Card in accordance with amounts payable by you under the Agreement.
  2. We will only arrange for funds to be debited from your Account or Credit Card if we have sent to you a bill that specifies the amount payable by you to us under the Agreement, and when it is due. Where the due date falls on a non-Banking Business Day, we will draw the amount on the next Banking Business Day.
  3. You authorise and request us to debit your Account through the Bulk Electronic Clearing System (BECS).
  4. You should be check:
  • with your Financial Institution whether direct debiting is available from your Account; and
  • your Account and/or Credit Card details that you have provided to us are correct.
  1. It is your responsibility to ensure that:
  • sufficient cleared funds are available in the Account or on the Credit Card (as applicable) when the payments are made;
  • the authorisation to debit the Account or Credit Card (as applicable) is in the same name as the Account signing instruction or Credit Card account held by the Financial Institution where the Account or Credit Card is held;
  • suitable arrangements are made if the direct debit is cancelled by yourself, by your Financial Institution or for any other reason.
  1. We will continue to rely on your authority to directly debit the amount of each bill from your Account or Credit Card until you advise us of any changes to the arrangement.
  2. We will advise you 14 days in advance of any changes to this DDRSA.
  3. For returned unpaid transactions, the following procedures or policies will apply:
  • we will treat the payment as if it was never made;
  • a fee may be applied for drawings that are returned unpaid; and/or
  • we may cancel your direct debit arrangement with us at any time if one or more drawings are returned unpaid by your Financial Institution.
  1. Your Direct Debit Request records, Account details and Credit Card details will be kept private and confidential to be disclosed only at your request or at the request of the Financial Institution in connection with a claim made to correct/investigate an alleged incorrect or wrongful debit or otherwise as required by law.
  2. If any provision of this DDRSA is found to be illegal, void or unenforceable for unfairness or any other reason (for example, if a court or other tribunal or authority declares it so), the remaining provisions of this DDRSA will continue to apply to the extent possible as if the void or unenforceable provision had never existed.
  3. If you wish to notify us about anything related to this DDRSA, including cancellation, alteration or suspension of drawing arrangements or to stop or defer a payment, or to investigate or dispute a previous payment, you should contact us at complaints@mojopower.com.au. We will investigate your dispute in accordance with our complaints and dispute resolutions procedures (available at www.mojopower.com.au).
  4. If our investigations show that your Account or Credit Card has been incorrectly debited, we will arrange for the Financial Institution to adjust your Account or Credit Card accordingly. We will also notify you in writing of the amount by which your Account or Credit Card has been adjusted. If, following our investigations, we believe on reasonable grounds that your Account has been correctly debited, we will respond to your query by providing you with reasons and copies of any evidence for this finding.

If we cannot resolve the matter, you can still refer it to your Financial Institution, who will obtain details from you of the disputed payment and may lodge a claim on your behalf.

  1. Any notice will be deemed to have been received two Business Days after it is posted or immediately upon electronic transmission (including by email, SMS, electronic message to your My Mojo account and mobile application messages).
  2. Definitions

Unless otherwise defined, a term defined in the Agreement has the same meaning when used in this DDRSA:

Account means (if applicable) the account nominated in the Direct Debit Request, held at your Financial Institution from which we are authorised to arrange for funds to be debited;

Agreement means the contract for the retail sale of electricity and other products and services to you by us;

Banking Business Day means a Business Day that is not a day on which banks in New South Wales are authorised or required by law to close;

Credit Card means (if applicable) the credit card nominated in the Direct Debit Request from which we are authorised to arrange for payment to be charged;

Direct Debit Request means the Direct Debit Request between us and you as amended from time to time;

Financial Institution is the financial institution where you hold the account nominated in your Direct Debit Request as the account from which we are authorised to arrange for funds to be debited;

We, us and Mojo means Mojo Power Pty Limited ABN 85 604 909 837; and

You mean the customer under the Agreement, who signed the Direct Debit Request.

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Written Disclosure Statement

Version 3.0 October 2016

Written Disclosure Statement for our NSW Customers

Change your mind?  You have a cooling off period.

You have a cooling off period of 10 business days from the date you entered into and received your contract documents. During this time, you can email us at hello@mojopower.com.au or call us on 1300 019 649 and cancel your contract for any reason. You can also complete the Cancellation Form that is available on our website at mojopower.com.au and send this to us.  You have additional rights to cancel your contract and this information is set out in your contract.

When does your contract start?

By entering into your contract, you consent for Mojo to become your electricity retailer. Your contract begins on the day you enter into your contract, however you won’t start receiving electricity under your contract until you verify your contact details with us (via an email we send you), you pay your first EnergyPass™ payment and we also become your electricity retailer following the end of your cooling off period.  This could take up to 3 months if Mojo is not currently the electricity retailer for your service address.

When will your contract end?

Your contract does not fix you into a minimum contract term, but we do ask that you give us 20 business days notice to end your contract (including if you are moving).  You will not be charged any early termination fees for ending your contract.  There are other reasons that may cause your contract to end and these are set out in your contract.

What are your prices, fees and charges?

Your Mojo Rates, fees and charges are set out in the Energy Price Fact Sheet (with the applicable Mojo Rates to be confirmed to you shortly after you enter into your contract). Other fees may also apply and these are set out in your contract.  They include charges relating to amounts charged to us by your distributor, metering provider, metering data provider or other third parties in relation to services we arrange on your behalf and other costs that we may incur for supplying products and services to you. This may include collecting your outstanding debt and payment processing fees. Your Mojo Rates, fees and charges may be varied at any time by Mojo by giving you written notice in accordance with your contract and regulatory requirements. See your contract for further information.

Your billing and payment arrangements

You will receive a bill from us monthly, once you start receiving electricity under your contract.  Your bills will be sent to your email address and will also be available in MyMojo. We will arrange for the payment of the amount owed under your bill on the due date by using the direct debit or credit card details you provide to us.  If there are insufficient funds in your account or your credit card is declined, any related fees imposed on us are payable by you and may be included in a later bill. If your direct debit or credit card details change or expire, you must provide us with updated details as soon as possible. Your bill will also set out other options to pay your bills. See our Payment Terms and Conditions for further information.

Electronic transactions

Mojo may provide information (including your bill) to you by electronic message, including email, SMS, MyMojo message and mobile application messages.  By entering into your contract, you consent to information being delivered to you in this way.
By entering into your contract (and agreeing to the separate Payment Terms and Conditions) you consent to your bills being paid to Mojo by direct debit from your nominated bank account or credit card that you provide to us.  This means that Mojo will arrange for the amount payable on your bill to be withdrawn from your bank account or charged to your credit card on the due date stated in your bill.

Concessions and rebates

If you currently hold a Government concession card, you may be eligible to receive a rebate on your energy bills.

Please contact Mojo to advise us of, or update, your concession details. For further information about the concessions and rebates that may be available to you, please refer to mojopower.com.au or contact Mojo.

Service standards

Our service to you will meet all regulatory requirements applicable in New South Wales. These are specified in the regulatory requirements or set out in your contract.

Dispute resolution

If you have any enquiries or complaints, please contact us at complaints@mojopower.com.au or write to us at Mojo – Complaints, GPO Box 7049 Sydney NSW 2001.

Mojo aims to resolve your query or complaint as soon as possible.  We will keep you updated on our progress of finding an answer or resolution.

If you are not satisfied with the outcome, you may contact the Energy and Water Ombudsman NSW on omb@ewon.com.au or 1800 246 545.

Refer to the Standard Complaints & Dispute Resolution Procedures for more information.  A copy is available at mojopower.com.au or contact us to request a copy to be sent to you.

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Standing Offer Contract

Version 2.1 August 2016

1. Preamble

This contract is about the sale of energy to you as a small customer at your premises. It is a standard retail contract that starts without you having to sign a document agreeing to these terms and conditions.

In addition to this contract, the energy laws and other consumer laws also contain rules about the sale of energy and we will comply with these rules in our dealings with you. For example, the National Energy Retail Law and the National Energy Retail Rules (‘the Rules’) set out specific rights and obligations about energy marketing, payment methods and arrangements for customers experiencing payment difficulties.

You also have a separate contract with your distributor, called a customer connection contract. The customer connection contract deals with the supply of energy to your premises and can be found on your distributor’s website.

More information about this contract and other matters is on our website mojopower.com.au.

2. The parties

This contract is between:

(a)        Mojo Power Pty Ltd ABN 85 604 909 837 who sells energy to you at your premises (in this contract referred to as “we”, “our” or “us”); and

(b)        You, the customer to whom this contract applies (in this contract referred to as “you” or “your”).

3. Definitions and interpretation

(a)        Terms used in this contract have the same meanings as they have in the National Energy Retail Law and the Rules. However for ease of reference, a simplified explanation of some terms is given at the end of this contract.

(b)        Where the simplified explanations given at the end of this contract differ from the definitions in the National Energy Retail Law and the Rules, the definitions in the National Energy Retail Law and the Rules prevail.

4. Do these terms and conditions apply to you?

4.1       These are our terms and conditions

This contract sets out the terms and conditions for a standard retail contract for a small customer under the National Energy Retail Law and the Rules.

4.2       Application of these terms and conditions

These terms and conditions apply to you if:

(a)        you are a residential customer; or

(b)        you are a business customer who is a small customer; and

(c)        you request us to sell energy to you at your premises; and

(d)        you are not being sold energy for the premises under a market retail contract.

4.3       Electricity or gas

Standard retail contracts apply to electricity and gas, but some terms may be expressed to apply only to one or the other. If we are your retailer for both electricity and gas, you have a separate contract with us for each of them.

5. What is the term of this contract?

5.1       When does this contract start?

This contract starts on the date you satisfy any pre-conditions set out in the National Energy Retail Law and the Rules, including giving us acceptable identification and your contact details for billing purposes.

5.2       When does this contract end?

(a)        This contract ends:

(i)         if you give us a notice stating you wish to end the contract—subject to paragraph (b), on a date advised by us of which we will give you at least 5 but no more than 20 business days’ notice; or

(ii)        if you are no longer a small customer:

(A)       subject to paragraph (b), on a date specified by us, of which we will give you at least 5 but no more than 20 business days’ notice; or

(B)       if you have not told us of a change in the use of your energy—from the time of the change in use; or

(iii)       if we both agree to a date to end the contract—on the date that is agreed; or

(iv)       if you start to buy energy for the premises from us or a different retailer under a customer retail contract—on the date the market retail contract starts; or

(v)        if a different customer starts to buy energy for the premises—on the date that customer’s contract starts; or

(vi)       if the premises are disconnected and you have not met the requirements in the Rules for reconnection—10 business days from the date of disconnection.

(b)        If you do not give us safe and unhindered access to the premises to conduct a final meter reading (where relevant), this contract will not end under paragraph (a) (i) or (ii) until we have issued you a final bill and you have paid any outstanding amount for the sale of energy.

(c)        Rights and obligations accrued before the end of this contract continue despite the end of the contract, including any obligations to pay amounts to us.

5.3       Vacating your premises

(a)        If you are vacating your premises, you must provide your forwarding address to us for your final bill in addition to a notice under clause 5.2(a)(i) of this contract.

(b)        When we receive the notice, we must use our best endeavours to arrange for the reading of the meter on the date specified in your notice (or as soon as possible after that date if you do not provide access to your meter on that date) and send a final bill to you at the forwarding address stated in your notice.

(c)        You will continue to be responsible for charges for the premises until your contract ends in accordance with clause 5.2 of this contract.

6. Scope of this contract

6.1       What is covered by this contract?

(a)        Under this contract we agree to sell you energy at your premises. We also agree to meet other obligations set out in this contract and to comply with the energy laws.

(b)        In return, you agree:

(i)         to be responsible for charges for energy supplied to the premises until this contract ends under clause 5.2 even if you vacate the premises earlier; and

(ii)        to pay the amounts billed by us under this contract; and

(iii)       to meet your obligations under this contract and the energy laws.

6.2       What is not covered by this contract?

This contract does not cover the physical connection of your premises to the distribution system, including metering equipment and the maintenance of that connection and the supply of energy to your premises. This is the role of your distributor under a separate contract called a customer connection contract.

7. Your general obligations

7.1       Full information

You must give us any information we reasonably require for the purposes of this contract. The information must be correct, and you must not mislead or deceive us in relation to any information provided to us.

7.2       Updating information

You must tell us promptly if information you have provided to us changes, including if your billing address changes or if your use of energy changes (for example, if you start running a business at the premises).

7.3       Life support equipment

(a)        If a person living at your premises requires life support equipment, you must register the premises with us or your distributor. To register, you will need to give written confirmation from a registered medical practitioner of the requirement for life support equipment at the premises.

(b)        You must tell us or your distributor if the life support equipment is no longer required at the premises.

7.4       Obligations if you are not an owner

If you cannot meet an obligation relating to your premises under this contract because you are not the owner you will not be in breach of the obligation if you take all reasonable steps to ensure that the owner or other person responsible for the premises fulfils the obligation.

8. Our liability

(a)        The quality and reliability of your electricity supply and the quality, pressure and continuity of your gas supply is subject to a variety of factors that are beyond our control as your retailer, including accidents, emergencies, weather conditions, vandalism, system demand, the technical limitations of the distribution system and the acts of other persons (such as your distributor), including at the direction of a relevant authority.

(b)        To the extent permitted by law, we give no condition, warranty or undertaking, and we make no representation to you, about the condition or suitability of energy, its quality, fitness for purpose or safety, other than those set out in this contract.

(c)        Unless we have acted in bad faith or negligently, the National Energy Retail Law excludes our liability for any loss or damage you suffer as a result of the total or partial failure to supply energy to your premises, which includes any loss or damage you suffer as a result of the defective supply of energy.

9. Price for energy and other services

9.1       What are our tariffs and charges?

(a)        Our tariffs and charges for the sale of energy to you under this contract are our standing offer prices. These are published on our website and include your distributor’s charges.

(b)        Different tariffs and charges may apply to you depending on your circumstances. The conditions for each tariff and charge are set out in our standing offer prices.

Note:

We do not impose any charges for the termination of this contract.

9.2       Changes to tariffs and charges

(a)        If we vary our standing offer prices, we will publish the variation in a newspaper and on our website at least 10 business days before it starts. We will also include details with your next bill if the variation affects you.

(b)        Our standing offer prices will not be varied more often than once every 6 months.

9.3       Variation of tariff due to change of use

If a change in your use of energy means you are no longer eligible for the particular tariff you are on, we may transfer you to a new tariff under our standing offer prices:

(a)        if you notify us there has been a change of use—from the date of notification; or

(b)        if you have not notified us of the change of use—retrospectively from the date the change of use occurred.

9.4        Variation of tariff or type of tariff on request

(a)        If you think you satisfy the conditions applying to another tariff or type of tariff under our standing offer prices, you can ask us to review your current circumstances to see whether that tariff or type of tariff can apply to you.

(b)        If you meet the requirements for another tariff or type of tariff and request us to do so, we must:

(i)         transfer you to that other tariff within 10 business days; or

(ii)        transfer you to that other type of tariff from the date the meter is read or the type of meter is changed (if needed).

9.5       Changes to tariffs or type of tariff during a billing cycle

If a tariff applying to you changes during a billing cycle, we will calculate your next bill on a proportionate basis.

9.6       GST

(a)        Amounts specified in the standing offer prices from time to time and other amounts payable under this contract may be stated to be exclusive or inclusive of GST. Paragraph (b) applies unless an amount is stated to include GST.

(b)        Where an amount paid by you under this contract is payment for a “taxable supply” as defined for GST purposes, to the extent permitted by law, that payment will be increased so that the cost of the GST payable on the taxable supply is passed on to the recipient of that taxable supply.

10. Billing

10.1     General

We will send a bill to you as soon as possible after the end of each billing cycle. We will send the bill:

(a)        to you at the address nominated by you; or

(b)        to a person authorised in writing by you to act on your behalf at the address specified by you.

10.2     Calculating the bill

Bills we send to you (‘your bills’) will be calculated on:

(a)        the amount of energy consumed at your premises during the billing cycle (using information obtained from reading your meter or otherwise in accordance with the Rules); and

(b)        the amount of fees and charges for any other services provided under this contract during the billing cycle; and

(c)        the charges payable for services provided by your distributor, including connection charges if you have asked for a new connection or connection alteration and have not made alternative arrangements with your distributor.

10.3     Estimating the energy usage

(a)        We may estimate the amount of energy consumed at your premises if your meter cannot be read, if your metering data is not obtained (for example, if access to the meter is not given or the meter breaks down or is faulty), or if you otherwise consent.

(b)        If we estimate the amount of energy consumed at your premises to calculate a bill, we must:

(i)         clearly state on the bill that it is based on an estimation; and

(ii)        when your meter is later read, adjust your bill for the difference between the estimate and the energy actually used.

(c)        If the later meter read shows that you have been undercharged, we will allow you to pay the undercharged amount in instalments, over the same period of time during which the meter was not read (if less than 12 months), or otherwise over 12 months.

(d)        If the meter has not been read due to your actions, and you request us to replace the estimated bill with a bill based on an actual reading of the meter, we will comply with your request but may charge you any cost we incur in doing so.

10.4     Your historical billing information

Upon request, we must give you information about your billing history for the previous 2 years free of charge. However, we may charge you if you require information going back more than 2 years or we have already given you this information:

(a)        4 times in the previous 12 months, where this contract relates to electricity; or

(b)        in the previous 12 months, where this contract relates to gas.

10.4     A Your electricity (only) consumption information

Upon request, we must give you information about your electricity consumption for up to 2 years free of charge. However, we may charge you if:

(a)        we have already given you this information 4 times in the previous 12 months; or

(b)        the information requested is different in manner or form to any minimum requirements we are required to meet; or

(c)        the information is requested by a representative you have authorised to act on your behalf, and that request is part of a request the representative makes to us in relation to more than one customer.

10.5     Bill smoothing

We may, where you agree, arrange for you to pay your bills under a bill smoothing arrangement, which is based on a 12 monthly estimate of your energy consumption.

11. Paying your bill

11.1     What you have to pay

You must pay to us the amount shown on each bill by the date for payment (the pay-by date) on the bill. The pay-by date will be no earlier than 13 business days from the date on which we issue your bill.

11.2     Issue of reminder notices

If you have not paid your bill by the pay-by date, we will send you a reminder notice that payment is required. The reminder notice will give you a further due date for payment which will be not less than 6 business days after we issue the notice.

11.3     Difficulties in paying

(a)        If you have difficulties paying your bill, you should contact us as soon as possible. We will provide you with information about payment options.

(b)        If you are a residential customer and have told us that you have difficulty paying your bill, we must offer you the option of paying your bill under a payment plan. However, we are not obliged to do so if you have had 2 payment plans cancelled due to non-payment in the previous 12 months or have been convicted of an offence involving the illegal use of energy in the previous 2 years.

(c)        Additional protections may be available to you under our Customer Hardship Policy and under the National Energy Retail Law and the Rules if you are a customer experiencing payment difficulties due to hardship. A copy of our Customer Hardship Policy is available on our website.

11.4    Late payment fees

If you have not paid a bill by the pay-by date, we may require you to pay a late payment fee, which is part of our standing offer prices published on our website.

12. Meters

(a)        You must allow safe and unhindered access to your premises for the purposes of reading and maintaining the meters (where relevant).

(b)        We will use our best endeavours to ensure that a meter reading is carried out as frequently as is needed to prepare your bills, consistently with the metering rules and in any event at least once every 12 months.

13. Undercharging and overcharging

13.1     Undercharging

(a)        If we have undercharged you, we may recover the undercharged amount from you. If we recover an undercharged amount from you:

(i)         we will not charge interest on the undercharged amount; and

(ii)        we will offer you time to pay the undercharged amount in instalments over the same period of time during which you were undercharged (if less than 12 months), or otherwise over 12 months.

(b)        The maximum amount we can recover from you is limited to the amount that has been undercharged in the 9 months immediately before we notify you, unless the undercharge is your fault, or results from your unlawful act or omission.

13.2     Overcharging

(a)        Where you have been overcharged by less than $50, and you have already paid the overcharged amount, we must credit that amount to your next bill.

(b)        Where you have been overcharged by $50 or more, we must inform you within 10 business days of our becoming aware of the overcharge and, if you have already paid that amount, we must credit that amount to your next bill. However, if you request otherwise, we will comply with that request.

(c)        If you have stopped buying energy from us, we will use our best endeavours to pay the overcharged amount to you within 10 business days.

(d)        If you have been overcharged as a result of your own fault or unlawful act or omission, we may limit the amount we credit or pay you to the amount you were overcharged in the last 12 months.

13.3     Reviewing your bill

(a)        If you disagree with the amount you have been charged, you can ask us to review your bill in accordance with our standard complaints and dispute resolution procedures.

(b)        If you ask us to, we must arrange for a check of the meter reading or metering data or for a test of the meter in reviewing the bill. You will be liable for the cost of the check or test and we may request payment in advance. However, if the meter or metering data proves to be faulty or incorrect, we must reimburse you for the amount paid.

(c)        If your bill is being reviewed, you are still required to pay any other bills from us that are due for payment and the lesser of:

(i)         the portion of the bill that you do not dispute; or

(ii)        an amount equal to the average of your bills in the last 12 months.

14. Security deposit

14.1     Security deposit

We may require that you provide a security deposit. The circumstances in which we can require a security deposit and the maximum amount of the security deposit are governed by the Rules.

14.2     Interest on security deposits

Where you have paid a security deposit, we must pay you interest on the security deposit at a rate and on terms required by the Rules.

14.3     Use of a security deposit

(a)        We may use your security deposit, and any interest earned on the security deposit, to offset any amount you owe under this contract:

(i)         if you fail to pay a bill and as a result we arrange for the disconnection of your premises; or

(ii)        in relation to a final bill (i.e. a bill we issue when you vacate the premises or when you stop purchasing energy from us at your premises or when you request that your premises be disconnected).

(b)        If we use your security deposit or any accrued interest to offset amounts owed to us, we will advise you within 10 business days.

14.4     Return of security deposit

(a)        We must return your security deposit and any accrued interest in the following circumstances:

(i)         you complete 1 years’ payment (in the case of residential customers) or 2 years’ payment (in the case of business customers) by the pay-by dates on our initial bills; or

(ii)        subject to clause 14.3 of this contract, you stop purchasing energy at the relevant premises under this contract.

(b)        If you do not give us any reasonable instructions, we will credit the amount of the security deposit, together with any accrued interest, to your next bill.

15. Disconnection of supply

15.1     When can we arrange for disconnection?

Subject to us satisfying the requirements in the Rules, we may arrange for the disconnection of your premises if:

(a)        you do not pay your bill by the pay-by date and, if you are a residential customer, you:

(i)         fail to comply with the terms of an agreed payment plan; or

(ii)        do not agree to an offer to pay the bill by instalments, or having agreed, you fail to comply with the instalment arrangement;

(b)        you do not provide a security deposit we are entitled to require from you; or

(c)        you do not give access to your premises to read a meter (where relevant) for 3 consecutive meter reads; or

(d)        there has been illegal or fraudulent use of energy at your premises in breach of clause 17 of this contract; or

(e)        we are otherwise entitled or required to do so under the Rules or by law.

15.2     Notice and warning of disconnection

Before disconnecting your premises, we must comply with relevant warning notice requirements and other provisions in the Rules. However, we are not required to provide a warning notice prior to disconnection in certain circumstances (for example, where there has been illegal or fraudulent use of energy at your premises or where there is an emergency or health and safety issue).

15.3     When we must not arrange disconnection

(a)        Subject to paragraph (b), your premises may not be disconnected during the following times (‘the protected period’):

(i)         on a business day before 8.00am or after 3.00pm; or

(ii)        on a Friday or the day before a public holiday; or

(iii)       on a weekend or a public holiday; or

(v)        if you are being disconnected under clause 15.1(a), during an extreme weather event.

(b)        Your premises may be disconnected within the protected period:

(i)         for reasons of health and safety; or

(ii)        in an emergency; or

(iii)       as directed by a relevant authority; or

(iv)       if you are in breach of clause 6.5 of your customer connection contract which deals with interference with energy equipment; or

(v)        if you request us to arrange disconnection within the protected period; or

(vi)       if your premises contain a commercial business that only operates within the protected period and where access to the premises is necessary to effect disconnection; or

(vii)      where the premises are not occupied.

16. Reconnection after disconnection

(a)        We must request your distributor to reconnect your premises if, within 10 business days of your premises being disconnected:

(i)         you ask us to arrange for reconnection of your premises; and

(ii)        you rectify the matter that led to the disconnection; and

(iii)       you pay any reconnection charge (if requested).

(b)        We may terminate this contract 10 business days following disconnection if you do not meet the requirements in paragraph (a).

17. Wrongful and illegal use of energy

17.1     Use of energy

You must not, and must take reasonable steps to ensure others do not:

(a)        illegally use energy supplied to your premises; or

(b)        interfere or allow interference with any energy equipment that is at your premises except as may be permitted by law; or

(c)        use the energy supplied to your premises or any energy equipment in a manner that:

(i)         unreasonably interferes with the connection or supply of energy to another customer; or

(ii)        causes damage or interference to any third party; or

(d)        allow energy purchased from us to be used otherwise than in accordance with this contract and the Rules; or

(e)        tamper with, or permit tampering with, any meters or associated equipment.

18. Notices and bills

(a)        Notices and bills under this contract must be sent in writing, unless this contract or the National Energy Retail Law and the Rules say otherwise.

(b)        A notice or bill sent under this contract is taken to have been received by you or by us (as relevant):

(i)         on the date it is handed to the party, left at the party’s premises (in your case) or one of our offices (in our case) or successfully faxed to the party (which occurs when the sender receives a transmission report to that effect); or

(ii)        on the date 2 business days after it is posted; or

(iii)       on the date of transmission (unless the sender receives notice that delivery did not occur or has been delayed) if sent electronically and the use of electronic communication has been agreed between us.

(c)        Our contact details for you to contact us or send us a notice are as set out in our bill to you, or as notified to you from time to time.

19. Privacy Act notice

We will comply with all relevant privacy legislation in relation to your personal information. You can find a summary of our Privacy Policy on our website. If you have any questions, you can contact our Privacy Officer.

20. Complaints and dispute resolution

20.1     Complaints

If you have a complaint relating to the sale of energy by us to you, or this contract generally, you may lodge a complaint with us in accordance with our Standard Complaints and Dispute Resolution Procedures.

Note:

Our Standard Complaints and Dispute Resolution Procedures are published on our website.

20.2     Our obligations in handling complaints

If you make a complaint, we must respond to your complaint within the required timeframes set out in our Standard Complaints and Dispute Resolution Procedures and inform you:

(a)        of the outcome of your complaint and the reasons for our decision; and

(b)        that if you are not satisfied with our response, you have a right to refer the complaint to the Energy & Water Ombudsman NSW or Energy & Water Ombudsman Queensland.

21. Force Majeure

21.1     Effect of force majeure event

If either party to this contract cannot meet an obligation under this contract because of an event outside the control of that party (‘a force majeure event’):

(a)        the obligation, other than an obligation to pay money, is suspended to the extent it is affected by the force majeure event for as long as the force majeure event continues; and

(b)        the affected party must use its best endeavours to give the other party prompt notice of that fact including full particulars of the event, an estimate of its likely duration, the extent to which the affected party’s obligations are affected and the steps being taken to remove, overcome or minimise those effects.

21.2     Deemed prompt notice

If the effects of a force majeure event are widespread, we will be deemed to have given you prompt notice if we make the necessary information available by way of a 24 hour telephone service within 30 minutes of being advised of the event or otherwise as soon as practicable.

21.3     Obligation to overcome or minimise effect of force majeure event

A party that claims a force majeure event must use its best endeavours to remove, overcome or minimise the effects of that event as soon as practicable.

21.4     Settlement of industrial disputes

Nothing in this clause requires a party to settle an industrial dispute that constitutes a force majeure event in any manner other than the manner preferred by that party.

22. Applicable law

The laws of New South Wales govern this contract.

23. Retailer of Last Resort event

If we are no longer entitled by law to sell energy to you due to a Retailer of Last Resort (RoLR) event occurring in relation to us, we are required under the National Energy Retail Law and the Rules to provide relevant information (including your name, billing address and metering identifier) to the entity appointed as the relevant designated retailer for the RoLR event and this contract will come to an end.

24. General

24.1     Our obligations

Some obligations placed on us under this contract may be carried out by another person. If an obligation is placed on us to do something under this contract, then:

(a)        we are taken to have complied with the obligation if another person does it on our behalf; and

(b)        if the obligation is not complied with, we are still liable to you for the failure to comply with this contract.

24.2     Amending this contract

(a)        This contract may only be amended in accordance with the procedures set out in the National Energy Retail Law.

(b)        We must publish any amendments to this contract on our website.

Simplified explanation of terms

billing cycle means the regular recurrent period for which you receive a bill from us;

business day means a day other than a Saturday, a Sunday or a public holiday;

customer means a person who buys or wants to buy energy from a retailer;

customer connection contract means a contract between you and your distributor for the provision of customer connection services;

designated retailer means the financially responsible retailer for the premises (where you have an existing connection) or the local area retailer (where you do not have an existing connection) for your premises;

disconnection means an action to prevent the flow of energy to the premises, but does not include an interruption;

distributor means the person who operates the system that connects your premises to the distribution network;

emergency means an emergency due to the actual or imminent occurrence of an event that in any way endangers or threatens to endanger the safety or health of any person, or normal operation of the distribution system or transmission system, or that destroys or damages, or threatens to destroy or damage, any property;

energy means electricity or gas;

energy laws means national and State and Territory laws and rules relating to energy and the legal instruments made under those laws and rules;

force majeure event means an event outside the control of a party;

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

National Energy Retail Law means the Law of that name that is applied by each participating State and Territory;

relevant authority means any person or body who has the power under law to direct us, including the Australian Energy Market Operator and State or Federal Police;

residential customer means a person who purchases energy principally for personal, household or domestic use at their premises;

retailer means a person that is authorised to sell energy to customers;

RoLR event means an event that triggers the operation of the Retailer of Last Resort scheme under the National Energy Retail Law;

Rules means the National Energy Retail Rules made under the National Energy Retail Law;

security deposit means an amount of money paid to us as security against non-payment of a bill in accordance with the Rules;

small customer means:

(a)        a residential customer; or

(b)        a business customer who consumes energy at or below a level determined under the National Energy Retail Law;

standing offer prices means tariffs and charges that we charge you for or in connection with the sale and supply of energy. These are published on our website.

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Standard Complaints & Dispute Resolution Procedures

Version 3.0 August 2016

Mojo has developed these procedures in compliance with the Australian Standard AS ISO 10002-2006 ‘Customer satisfaction – Guidelines for complaints handling in organisations’.

How do I make a complaint?

Send your concerns to us via email, post or phone (for Premium EnergyPass™ customers).

Email us at complaints@mojopower.com.au
Write to us at Complaints – Mojo GPO Box 7049 Sydney NSW 2001

How are complaints handled?

We will always welcome your feedback as one of the best ways for us to know what we’re doing well and how we can improve our service. If you are experiencing any issues, we are committed to resolving things quickly.

What we will do

We will confirm receipt of your concern immediately or within 2 working days if you write to us by post. If we can’t resolve your issue on the spot, we’ll give you an expected timeframe for resolution and keep you informed of our progress. We’ll then contact you as soon as we’ve reached an outcome. A member of the Mojo customer service team will directly manage your issue and investigate your concern within a reasonable timeframe, depending on the nature of the concern. Where necessary, we will involve other members of the Mojo team including managers and advisors to our business, such as legal and compliance. We will comply with our Privacy Policy available at; http://www.mojopower.com.au/privacy-policy in dealing with your concern.

We will treat all concerns raised by our customers fairly, with genuine consideration and we will seek to achieve an outcome that is to your satisfaction. We may also make improvements to our current processes to prevent an issue occurring again.

If we cannot reach an outcome that you are satisfied with, you can request to have your concern reviewed by a senior member of the Mojo team or you can refer your issue to the Ombudsman. In NSW, this is the Energy & Water Ombudsman NSW – contact details below:

Energy & Water Ombudsman NSW
Reply Paid 86550, Sydney South NSW 1234

Website: http://www.ewon.com.au
Email: omb@ewon.com.au
Free Phone: 1800 246 545
Free Fax: 1800 812 291

Energy & Water Ombudsman VIC
Reply Paid GPO Box 469 Melbourne 3001

Website: http://www.ewov.com.au
Email: ewovinfo@ewov.com.au
Free Phone: 1800 500 509
Free Fax: 1800 500 549

Energy & Water Ombudsman QLD
PO Box 3640 South Brisbane BC 4101

Website: http://www.ewoq.com.au
Email: complaints@ewoq.com.au
Free Phone: 1800 662 837
Fax: (07) 3087 9477

 

Continual improvement

We are continually looking for ways to improve our service and the way we handle complaints. These procedures are reviewed on a regular basis.

Assistance

For an interpreter, please call 131 450.
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N?u quý v? c?n thông d?ch viên, xin hãy g?i
For hearing or speech impairment assistance, please call 133 677.

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Your Rights, Entitlements and Obligations

Version 3.1 December 2016

This is a summary of your rights, entitlements and obligations under your contract with us for the sale of electricity to your service address and other products and services that we may provide you. More detail can be found in your contract.

1. Why does this apply to you?

This summary applies to you if:

  • you have entered into a contract with us for sale of electricity to you at Mojo Rates. This is what we call our Mojo Market Contract.
  • you have entered into a contract with us for the sale of electricity to you at our Standard Rates and Charges. This is what we can a Standing Offer Contract.

2. What makes up your contract?

If you are a customer under our Mojo Market Contract, your contract will comprise the contract terms, Energy Price Fact Sheet, electronic sign up information that you provided at mojopower.com.au at the time you signed up to the Mojo Market Contract and the welcome email we send to you confirming your contract. These documents were sent to you after you signed up, but may be subject to change in accordance with the contract.

If you are a customer under the Standing Offer Contract, your contract will comprise the Standing Offer Energy Price Fact Sheet and the contract terms prescribed by regulations, both of which are available at mojopower.com.au.

3. Will your contract change?

A Mojo Market Contract may be varied by us in accordance with the terms of the contract. This will include variations to the Mojo Rates and other rates and charges, variations resulting from changes in law or other changes to the contract where we have given written notice to you in accordance with the contract. The terms of the Standing Offer Contract are prescribed by regulations and can only be varied by us in accordance with those regulatory requirements.

4. Why do we need to access your property?

You will need to provide us, your Distributor, the Meter Provider and Metering Data Provider with safe and convenient access to the meter on your property so that it can be replaced (if you have contracted with Mojo to receive a Smart Meter) read, maintained and energised. If you don’t provide us with this access, we will bill you for your estimated usage.  We may charge you an additional fee if you ask for a bill based on your actual usage and require us to have a special read of your electricity meter.

5. What do you have to pay?

If you are a customer on our Mojo Market Contract, your fees and charges will be set out in your contract.

If you are a customer on our Mojo Market Contract, your fees and charges will be set out in your contract.

If you are a customer under the Standing Offer Contract, your fees and charges are set out in the Standing Offer Energy Price Fact Sheets for your Distribution area as published at mojopower.com.au.

6. When will you receive a bill?

You will receive a bill from us once a month following the time you start receiving electricity under your contract.

7. How we calculate your bill

Your bill will be based on the amount of electricity you use during a billing period (in addition to other fixed amounts such as the daily supply charge and the EnergyPass®). We can only determine your electricity usage through an actual meter read or an estimate calculated under regulatory requirements. Your contract sets out the fees and charges in more detail.

8. How to pay your bills

If you are a customer on our Mojo Market Contract, we will arrange for the payment of the amount owed under your bill on the due date for payment by using the direct debit or credit card details you provide to us. If there are insufficient funds in your account or your credit card is declined, any related fees imposed on us are payable by you and may be included in a later bill. If your direct debit or credit card details change or expire, you must provide us with updated details as soon as possible.

If you are a Standing Offer Contract customer, we will provide you options to pay within the regulatory requirements.

In all cases we provide you with options to pay your bills. This information is available on your bills.

9. Payment difficulties?

Payment options are available to you. You should let us know as soon as you think you may have financial difficulties in paying your bill so we can be of assistance to you.

10. When will we ask you to provide a security deposit

We will only ask you to provide a security deposit on the basis of your creditworthiness and if we can under the regulatory requirements. We can only manage and use these funds if it is within the regulatory requirements. More information on this is set out in your contract.

11. Disconnection / Reconnection of your property

We will only arrange for your property to be disconnected if we follow the process in your contract and regulatory requirements. It is important that you notify us of financial difficulties or life support equipment being used at your property as this will affect the disconnection process.

Reconnection of your property will occur in accordance with the process set out in the regulatory requirements.

12. Moving?

You can notify us of your upcoming move by contacting us at hello@mojopower.com.au. We will need at least 5 business days’ notice if you are a customer under our Mojo Market Contract.

13. Want to end your contract?

You can cancel your contract by contacting us or sending a Cancellation Form to us (a copy of the form is available on www.mojopower.com). Your contract will then end after the relevant period set out in your contract.

14. How can we end your contract?

We can only end your contract if it we do so in accordance with your contract and regulatory requirements. Your contract sets this out in further detail.

15. How your personal information will be used

We will comply with all relevant privacy laws regarding your personal information. A copy of our Privacy Policy is available at www.mojopower.com.au.

16. Complaints and enquiries

If you have any enquiries or complaints, please contact us at hello@mojopower.com.au or complaints@mojopower.com.au.

We will follow our complaints process for all complaints and inform you of the outcome. A copy of our complaints policy is available at www.mojopower.com.au.

If you are not satisfied with our response, you may contact the Energy & Water Ombudsman in your state:

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