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Market Offer Contract
This agreement is between Mojo Power Pty Limited (ABN 61 604 646 479 ) (also referred to in this agreement as “we”, “our” or “us”) and the customer (also referred to in this agreement as “you” or “your”).
If you have arranged for us to supply and install a solar photovoltaic system at your supply address, a separate contract (in addition to this agreement) relating to that installation will be provided to you by us.
In addition to this agreement, 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. The energy laws set out specific rights and obligations about energy marketing, payment methods and arrangements for customers experiencing payment difficulties.
PART 1: OUR AGREEMENT WITH YOU
- Documents referred to in this agreement
You may receive a copy of this agreement or any of the documents referred to or incorporated into in this agreement by contacting us as at the address and details provided in Part 6.
The agreement incorporates the disclosure notice, offer, price list and energy laws and these documents form part of this agreement.
Any document that forms part of this agreement “as in force from time to time” such as the energy laws may be changed, and any such change will have the effect of changing this agreement. We will not give you notice of the amendment of these energy laws but we will give you notice of the amendment of the price list.
- Application of this agreement
You have been provided this agreement because you are a small retail customer.
- What does this agreement cover?
This agreement covers the sale of electricity and other goods and services to you as a small retail customer at your supply address.
We arrange for the supply of electricity to you at your supply address and in return you pay us the amount invoiced by us for the electricity and other goods and services supplied under this agreement and perform your other obligations under this agreement.
We will supply electricity to you from a day we choose, being a day that is at least 10 business days after the start of this agreement.
On your behalf we will arrange for customer connection services and metering services to be provided at your supply address. We will forward your details to the distributor for this purpose. If your supply address is not already connected to the distribution system we must forward your details to the distributor for the purposes of issuing a NMI and satisfying the energy laws.
We will also arrange metering services to be provided at your supply address. All meters installed by us at your supply address will remain our property at all times.
- What this agreement does not cover
This agreement does not cover any network services provided to you by your distributor. Those services are separately provided to you under the customer connection contract between you and your distributor. The customer connection contract deals with the supply of energy to your premises and can be found on your distributor’s website.
If you have arranged for us to supply and install a solar photovoltaic system at your supply address, a separate contract (in addition to this agreement) relating to that installation will be provided to you by us.
- When does this agreement start and finish?
This agreement starts on the date that we first supply electricity to you at your supply address.
If you are a new occupant customer, this agreement starts on the day you take a supply of electricity from us.
This agreement will continue for the term set out in the offer unless ended earlier as allowed under this agreement.
We will notify you of the end of this agreement no earlier than 40 business days and no later than twenty (20) business days before the end date.
Where you have executed this agreement under an RV Transfer Authorisation form, any associated Early Termination Fee for Supply will be waived where you have moved to higher care or have died. Exit charges associated with Other Goods & Service are payable and not waived under in these circumstances. Termination Fees are outlined in your Customer Offer Information form and Disclosure Notice.
- Prior representations
Any oral or written representations, warranty or promise whatsoever (other than those contained herein) made by any employee, Contractor or agent of Mojo Power to you does not form any part of this agreement, nor the consideration for or basis of any collateral agreement.
- Cooling off
You may end this agreement by giving written or oral notice to us or by telephone call to us within ten (10) business days after we have given you a welcome pack. You may exercise this right despite having agreed or accepted the agreement. Your “cooling off” period will be extended where we have not given you a welcome pack.
If you exercise your “cooling off” right to end in either writing or orally we will give you a written notice of the ending of the agreement.
We will not be entitled to any costs or compensation if you end this agreement within the “cooling off” period above other than fees and charges for the electricity and other services that we have supplied to you under this agreement during the “cooling off” period.
- Account Creation
You must execute this agreement by verbal recording or signed Transfer Authorisation form.
You grant Mojo Power permission to obtain a credit check into your credit history.
Prior to our acceptance of this agreement we may request any or all of the following details:
- Account Holder Acceptable Identification;
- Evidence of satisfactory credit history;
- Payment of any fees and charges applicable to you;
- Contact details from you for invoicing purposes;
- Contact details of the owner (or the agent of the owner) of the Supply Address if you do not own the Supply Address;
- Evidence from you that we will have safe and unfettered access to the Meter at the Supply Address;
- A Security Deposit, a Bank guarantee or other payment arrangement;
- Where appropriate, estimated energy usage based on previous invoices / new equipment;
- Pay any outstanding debt owed to previous Retailer(s);
- System Capacity of any Solar Electric PV Systems that have been installed at your Supply Address.
- Special Needs
Where you or a person ordinarily residing at your premises is dependent on designated life support you must inform Mojo Power. Mojo Power does not take any responsibility for connection to your premises, or the time taken to repair or maintain supply to your premises.
It is your obligation to inform us as soon as Life Support status is no longer required at your Supply Address.
PART 2: ACCESS TO YOUR PREMISES
- Access to your supply address
You must provide our authorised personnel with safe and free access to the supply address during reasonable daylight hours to install new or updated meters or read meters and inspect, test and repair equipment at the supply address and carry out any other action set out in this agreement or any energy laws.
- Responsibility for service equipment
You must not do anything which may damage any metering or other service equipment located at the supply address. If any of our equipment is destroyed, damaged or lost due to an act or omission by you, we may require you to pay for its replacement or repair. If any equipment is illegally connected we may fix the connection and charge you a fee or take any other action as allowed under the agreement or the energy laws where you are at fault for that illegal connection.
PART 3: CHARGES AND Invoicing
- Our charges
You must pay us the charges for the electricity we supply to you and the price for any other goods or services we provide to you. You are not liable to pay any charge unless the amount, or the basis for the calculation of the amount, is set out in this agreement.
Our charges applicable to this agreement are set out in our price list and are detailed in our Offer Information form. Any charge or fee not explicitly set out is calculated by passing on at cost. The pricing structure available is based on your network tariff as set by your Local Distributor.
Charges payable by you for the supply of electricity are based on your measured or estimated consumption during a invoicing period. We will reconcile any charges paid by you with the consumption of electricity measured.
Electricity rates under this agreement are regularly updated annually the beginning of each financial year. If you wish to be converted to a controlled load tariff we will arrange in accordance with the energy laws upon completion of electrical works performed by your electrician at your expense.
Our charges may include:
- distributor or network service provider fees and charges;
- disconnection and reconnection fees and charges; and
- administration fees and charges.
We will pay amounts received from you for customer connection services, network charges and distribution non-network charges (including disconnection fees, reconnection fees and meter test fees). We will not charge you any administration fees or surcharges relating to distribution non-network charges.
The effective date of your transfer to another pricing structure will be either:
- the date on which the underlying network rate is amended through the reading of your meter(s); or
- if applicable, the date the meter(s) is changed at your supply address.
You must also pay all costs, fees and charges we can lawfully recover from you under the energy laws. If you breach this agreement or a provision of the energy laws, you will be required to pay any costs we incur as a result of that breach as well as any fees we are entitled to charge for that breach.
We may vary our charges at any time by written notice to you. The notice will specify the date on which the changes will take effect and will provide details of the new charges.
- How we will invoice you
We will send an invoice to you at your supply address or any other address you ask us to send the invoice to. We will send you an invoice at least quarterly unless we agree a different invoicing period with you. You grant Mojo Power through the execution of this agreement to send invoices to you more frequently than Quarterly.
- How we will calculate your invoice
Unless otherwise agreed, invoices we send to you will be calculated on:
- the amount of energy consumed at your premises during the invoicing period (using information provided by your meter reader by reading your meter or otherwise in accordance with the energy laws);
- the amount of fees and charges for any other services provided under this agreement during the invoicing period; and
- 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.
- Variation during an invoicing period
If an invoice is issued for an invoicing period in which there is an increase in the charges, the charges for electricity supplied during the invoicing period will be charged in proportion to the period in which the former charge applied and the period in which the increase in the charge applied. We will set out the changes to the charge amounts on your invoices.
If an invoice is issued for a period other than your usual invoicing period, we will invoice you proportionally for that invoicing period and set out the applicable charges for that invoicing period on your invoice.
- Historical invoicing information
If you request us to provide you with historical invoicing data for the previous two years, we will promptly provide you with this data without charge.
If you request historical invoicing data for the previous two years or earlier, more than once in a 12 month period, we will provide you with this historical invoicing data for a reasonable charge.
- Meter reading
We will base your invoice on the meter reading or metering data for the meter at your supply address. We may ask you to carry out your own meter reading on your meter with five (5) business days’ notice if we are unable to do so within a reasonable time and if we do so, you will be required to provide the meter reading to us by email or telephone.
We will use our best endeavours to measure your metered consumption of electricity at intervals of not more than six (6) months. Where a Special Read is required to meet this obligation, you agree to pay the Special Read charge if applicable. We will reconcile any charges paid by you with consumption measured.
- Estimated invoices
If an actual meter reading from the meter(s) at your supply address cannot be obtained, we will use the estimate provided by your meter reader as the amount of electricity you have consumed for the invoicing period under consideration.
If your meter has stopped registering correctly, electricity has been supplied to your supply address without passing through metering equipment or you do not provide us with a meter reading, we will use the estimate provided by your meter reader as the quantity of electricity supplied for any period of up to six months before your meter was last read. Your meter will be considered to have stopped registering correctly when it has an error of more than 2%.
When we cannot:
- reasonably or reliably base an invoice on a meter reading;
- you consent to us estimating your invoice; or
- metering data has not been provided to us by the responsible person,
we will give you an estimated invoice.
The estimated invoice may be based on:
- your historical meter data;
- if we do not have the historical meter data, the average daily consumption for a comparable customer supplied by us; or
- your reading of the meter,
calculated for the invoicing period.
If we provide you with an estimated invoice, we will inform you on the invoice that it is based on an estimation.
You will not be charged and are not entitled to any interest on any overcharged amounts which we discover when we reconcile what we have charged you on an estimated basis with your actual electricity consumption.
If we issue an estimated invoice and then issue you with an invoice based on the meter reading or metering data (later invoice) :
- we will include an adjustment on that later invoice to take into account any overcharging or undercharging; and
- unless the actual meter reading or metering data could not be obtained as a result of an act or omission by you, we will offer you time to pay any undercharged amount by agreed instalments, if requested by you.
The agreed instalments must be paid within a period no longer than:
- the period during which an actual meter reading or metering data was not obtained (if that period is less than 12 months); or
- in any other case – 12 months.
If we are unsuccessful in reading your meter (as a result of an act or omission by you) and therefore issue you with an estimated invoice, if you request us to replace the estimated invoice with an invoice based on an actual meter reading, we will charge you any costs we incur to replace the estimated invoice.
If no meter is available at the supply address, we will base our invoice on energy data that is calculated in accordance with applicable energy laws.
You are obligated to pay estimated supply invoices.
- What you must pay
You must pay us the amount shown on the invoice by the due date for payment shown on the invoice which must not be less than thirteen (13) business days after the date on which we send you the invoice. Where an invoice is in dispute you must pay us the undisputed amount by the due date.
Where your offer includes a prompt payment discount or to avoid late fees, you must pay the entire invoice, in full, as cleared funds by the due date.
The acceptable methods of payment are listed on your Customer Offer Information form. Please note, CentrePay is only available where you are participant in our hardship programme. Charges apply where you pay your account other than by our agreed payment method.
- Issue of reminder notices
If you do not pay your invoice by the due date for payment, we may send you a reminder notice that your invoice is overdue, giving you a further due date (not less than six (6) business days after the date we sent the reminder notice) to pay the invoice.
Where your invoice remains unpaid and you have not disputed the charges, made a complaint or entered into a payment plan, Mojo Power may move to disconnect your premises for non-payment.
- Paying your invoice
You must pay the invoice using one of the methods for payment shown on the invoice. You may make payment in advance. If you choose to make a payment in advance, we are not required to credit any interest to that payment.
Your preferred payment method may be subject to additional fees and/or affect associated discounts. See your Offer Information form, Transfer Authorisation or Disclosure Notice for details.
You may only pay by the means outlined in the Customer Offer Information brochure.
If a periodic direct debit arrangement is to be entered into by you and us:
- both parties must agree the amount, initial date and frequency of the direct debits;
- we must obtain your explicit informed consent for entering into the direct debit arrangement;
- we must notify you in writing if you request us to no longer rely on the arrangement and the direct debit authority; and
- we must terminate the arrangement, if requested by you.
- Late or dishonoured payment
If you do not pay the total amount of your invoice by the due date for payment or you do not comply with an instalment payment plan; subject to the energy laws and this agreement, we may:
- disconnect your supply;
- charge you a late payment charge in line with our price list for reasonable costs associated with recovering any unpaid amount and also interest at a rate governed by the energy laws from the date when payment was due until the date payment is received; and/or
- retain by Notice your feed-in credits; and/or
- refer your invoice for collection by a debt collection agency, charge you the relevant debt recovery costs which we will advise you at the time, and report your debt to a credit reporting agency.
- Difficulties in paying
You should contact us as soon as possible if you have difficulties paying your invoice. We will give you information about various payment options and, where applicable, payment assistance in accordance with the energy laws.
Where we believe you are experiencing repeated difficulties in paying your invoice, we will offer you the opportunity to pay your invoice under an instalment payment plan. We will give you information about various payment options and, where applicable, payment assistance in accordance with the energy laws.
If you have difficulties paying your invoice and you request information or a redirection of your invoice, we will provide you with the information or redirection free of charge (within Australia).
We are not obliged to offer you an instalment payment plan if you have had two instalment payment plans cancelled due to non-payment in the previous twelve (12) months. In this instance, we will offer you another instalment payment plan only if we are reasonably satisfied that you will comply with that plan.
If you are a small retail customer and also a hardship customer you may request us to permit payment by using Centrepay as a payment option.
- Shortened collection cycle
We may require you to make payment of your invoice at shorter intervals in the circumstances described below.
We will only make such arrangements where you have agreed to such an arrangement or where you are a small retail customer who is not experiencing payment difficulty and:
- we have given you a reminder notice or warning notice for two (2) consecutive invoices; and
- before issuing the second reminder notice to you, we have notified you that after the second notice is given you may be placed on a shortened payment cycle in accordance with the energy rules.
Within ten (10) business days of us placing you on a shortened payment cycle we will give you notice that:
- we have made such arrangements;
- you must pay three (3) consecutive invoices in your invoicing period to be removed from the shortened payment cycle; and
- failure to make such payments may result in the disconnection of your supply address without further reminder notices being issued.
- Review of your invoice
If you think there is an error with your invoice, you can request us to review the invoice and we will review it within twenty (20) business days.
Our review will be conducted in accordance with our standard complaints and dispute resolution procedures.
We will inform you of the outcome of our review as soon as reasonably possible and in accordance with the time limits applicable under our standard complaints and dispute resolution procedures.
Where we review your invoice we may require you to pay the lesser of:
- the portion of the invoice you do not dispute; or
- an amount equal to the average of your invoices in the previous 12 months (excluding the disputed invoice),
and any future invoices that become due.
If our review of the invoice shows that there is an error in the invoice, we will correct the error by amending the next invoice. If our review of the invoice shows the invoice to be correct, you must pay the full amount of the invoice or request that the meter be tested.
- Meter reading, metering data and meter test after your invoice review
If after your review of our invoice, you request us to arrange for a check of the meter reading or metering data or request a meter test, we may ask you to pay the reasonable cost of these checks or tests before we arrange them.
If the meter test shows the meter is accurate and the meter reading or metering data is correct, you must pay the invoice in full.
If the meter test shows that the meter is inaccurate or if the meter reading or metering data is incorrect, we will:
- send you a corrected invoice based on estimates from the metering data provider with an adjustment for any undercharging or overcharging;
- refund or request additional payment to return your account to the expected balance;
- advise you of our standard complaints and dispute resolution procedures if you still disagree with the metering data; or
- credit your account for any amount paid by you for the checks and tests.
- What happens if we have overcharged you
If you have been overcharged by us we will inform you no later than ten (10) business days after becoming aware of the overcharging.
If the overcharged amount is equal to or exceeds $50 (or such other amount determined by the Australian Energy Regulator) we will:
- If you have already paid, repay the overcharged amount as reasonably directed to you;
- if you do not provide us with a reasonable repayment direction, we will credit the overcharged amount on your next invoice; or
- if you do not provide us with a reasonable repayment direction and you have ceased obtaining electricity from us, we will use our best endeavours to refund the overcharged amount to you within ten (10) business days.
- If you have not paid the overcharged amount, you may pay the invoice total less the overcharged amount.
If the overcharged amount is less than $50 (or such other amount determined by the Australian Energy Regulator) we will:
- credit that amount to your next invoice; or
- if you have ceased obtaining your electricity from us, we will use our best endeavours to refund the overcharged amount to you within ten (10) business days.
No interest is payable by us on the overcharged amount.
- What happens if we have undercharged you
If you have been undercharged by us we may recover from you any amount owing to us in accordance with the charges. If you have been undercharged as a result of our error or your distributor’s error, we will only recover the amount undercharged in the nine (9) months before the date we notify you of the undercharged amount.
We will offer you the opportunity to pay this amount in instalments over a period nominated by you, however this period must be no longer than:
- the same length of time during which you were undercharged (if the period of undercharging occurred over a period of less than twelve (12) months); or
- twelve (12) months in any other case.
We will not charge you interest on the undercharged amount. We will state the undercharged amount to be recovered as a separate item in a separate invoice or in the next invoice, together with an explanation of the undercharged amount.
Capitalised expressions which are not defined in this clause but which have a defined meaning in the GST Law have the same meaning in this clause.
All amounts payable under this agreement are exclusive of GST.
If GST applies to any amount payable by you or us for any Taxable Supply made under or by reference to or in connection with this agreement the party providing the Consideration for that Taxable Supply must also pay the GST amount as additional consideration. This clause does not apply to the extent the Consideration for the Taxable Supply is expressly agreed to be inclusive of any GST.
No payment of the GST amount is required until the Supplier has provided a Tax Invoice or Adjustment Note, as the case may be to the Recipient.
Any reference in the calculation of Consideration or of any indemnity, reimbursement or similar amount to a cost, expense or other liability incurred by either you or us must exclude the amount of any Input Tax Credit entitlement in relation to the relevant cost, expense or other liability. Either you or us will be assumed to have an entitlement to a full Input Tax Credit unless demonstrated otherwise prior to the date on which the Consideration must be provided.
This GST clause will continue to apply after expiration of this agreement.
- Security deposits
We may ask you to give us a security deposit if:
- your credit history is not reasonably satisfactory to us;
- you have fraudulently acquired or intentionally consumed electricity otherwise than in accordance with the energy laws within the previous two years;
- you have refused or failed to provide us with the permission to obtain a credit check of your credit history or other information relating to your credit history;
- you have refused or failed to provide acceptable identification to us for all account holders;
- we have offered you an instalment payment plan and you have either refused that plan or have failed to pay an instalment under that plan;
- you owe money to us in relation to the supply and sale of electricity to your supply address unless your invoice is being reviewed by either the Energy and Water Ombudsman or us in accordance with our standard complaints and dispute resolution procedures; or
- where the energy laws otherwise allow.
You must provide us with the security deposit or any increase in the security deposit within five (5) business days of our request.
If we reasonably determine that your credit history is unsatisfactory, we must inform you of our decision and set out our reasons and your rights to dispute that decision under our standard complaints and dispute resolution procedures and in accordance with the energy laws.
We will not ask you to provide a security deposit if you are:
- a hardship customer or have been identified as such by another retailer; or
- a residential customer and we have not offered you an instalment payment plan.
We may ask you to provide the security deposit in the form of cash, insurance to our benefit satisfactory to us or a bank guarantee (if the amount of the security deposit requested is more than $500). We may request an increase in an existing security deposit at any time to ensure that the security deposit held is sufficient to secure your customer connection services usage. You must provide us the security deposit or any increase in the security deposit within five business days of our request.
We will not ask you for a security deposit for more than 37.5% of the estimated invoices over a twelve (12) month period based on:
- your billing history; or
- the average usage of energy by a comparable customer over a comparable 12 month period.
If you give us a security deposit we must pay interest on it if required under the energy rules.
We may only use the security deposit where:
- you have failed to make payment on an invoice, which has resulted in the disconnection of the supply address; or
- in respect of a final invoice, you have either vacated the supply address, requested disconnection, or transferred to another retailer.
We will inform you within ten (10) business days of using the security deposit.
If you provide us with your explicit informed consent, we may use your security deposit to offset charges for any goods or services (other than electricity) provided by us.
Your security deposit will be returned to you with accrued interest when you have established a good payment history with us or you have either vacated the supply address, requested disconnection, or transferred to another retailer and the security deposit is not required to offset any amount owing on your final invoice. Unless you give us reasonable instructions, we will credit the security deposit to your next or final invoice if you have vacated the supply address, requested disconnection or transferred to another retailer.
PART 4: YOUR RIGHTS AND OBLIGATIONS
- Full information
You must give us any information we reasonably require for the purposes of this agreement. The information must be correct to the best of your knowledge and you must not mislead or deceive us in relation to any information provided to us.
- Changes to your information
You must tell us promptly if information you have provided to us changes, including if your invoicing address changes or if your use of energy changes (for example, if you start running a business at the supply address).
- Obligations if you are not an owner
If you cannot meet an obligation relating to the supply address under this agreement 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 the person responsible for the supply address fulfils the obligation.
- Illegal electricity use
You must not and must take reasonable steps to ensure that others do not:
- illegally use electricity supplied to your supply address;
- use electricity supplied to your supply address or any electrical equipment in a manner which interferes with the connection or supply of electricity to another customer or causes damage or interference to any third party; or
- tamper with or permit tampering with meters or associated equipment.
If you breach any of the requirements above, we or your distributor may, in accordance with the energy rules:
- estimate the amount of electricity so obtained and invoice you or take debt recovery action for that amount; and
- arrange for the immediate disconnection of your supply address.
- Liability and warranties
This is a summary of some of your rights under the energy marketing rules. It is not a complete list and is not legal advice. Nothing in this agreement is intended to replace or limit any rights you have under the energy laws or energy marketing rules.
The quality and reliability of your electricity supply is subject to a variety of factors that are beyond our control as your retailer. These include 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.
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 agreement.
Unless we have acted in bad faith or negligently, the energy laws exclude our liability for any loss or damage you suffer as a result of the total or partial failure to supply energy to the supply address. This includes any loss or damage you suffer as a result of the defective supply of energy.
You indemnify us against any liability arising out of the use of electricity supplied to you under this agreement where risk in the electricity has passed to you or where we have, or any third party has, suffered loss or damage caused by or contributed to by your negligence or your breach of this agreement.
In exercising our rights under this indemnity we may not recover an amount from you that is greater than what we otherwise would have been able to recover at general law for breach of contract or negligence by you in respect of the agreement
- Variation of this agreement
If we wish to amend this agreement we will notify you in writing of any variation to this agreement (notice of variation).
The notice of variation will contain full particulars of the variation.
You must agree to any amendments we propose to this agreement that:
- we reasonably consider are required as a consequence of changes to the energy laws, energy marketing rules or similar (including but not limited to the charges payable for the supply of electricity); or
- where changes made to our underlying costs alter the offered product; or
- that upon review a new clause or amendment to an existing clause is required to ensure that it is clear to both parties the intent and / or implementation of an obligation or right; or
- are not prohibited by the energy laws, energy marketing rules or similar
For variations other than mandatory variations, you may end this agreement verbally or by notice in writing to us within 28 days of the notice of variation being given (notice period), if you do not accept the variation.
You will have accepted the variation by not ending this agreement during the notice period.
Any amendment of this agreement, including referenced documents due to changes in the underlying standards, laws, codes, regulatory instrument or ministerial directions of the Government of the day will have the effect of amending this agreement without further Notice.
Mojo Power may terminate this agreement by notice at our sole discretion. No pay out or compensation is applicable where we terminate this agreement.
If you choose to end the agreement under this clause:
- the agreement will end 10 business days after the notice of termination is given to us;
- no supply early termination fee is payable where the particulars of a variation are in respect of charges; and
- an supply early termination fee may be payable where the particulars of a variation are not in respect of charges; and
- all non-supply early termination fees for other goods & services provided under this agreement are payable independent of the reason or party terminating this agreement.
- Governing law
This agreement is governed by the laws in force in the State or Territory of the supply address and you agree to the exclusive jurisdiction of the courts in the State or Territory of the supply address.
- Can this agreement be transferred?
This agreement is personal to each party and neither party may assign, transfer or novate the rights or benefits of this agreement to any person without our consent.
By notice to you at any time we may assign, transfer or novate the rights of benefits under this agreement to a person that we are reasonably satisfied that the person holds the relevant energy laws to provide the electricity and other services under this agreement.
- Confidentiality and privacy
We must keep the information that we collect about you confidential in accordance with the Privacy Laws.
We may disclose information about you:
- if required or authorised by or under any laws;
- where you give us consent to do so;
- to your distributor or metering services provider if the information is required for the purposes of arranging connection, disconnection, reconnection or reading a meter;
- if it is necessary for us to complete a credit assessment of you; or
- if required by a government agency for the purposes of a rebate, concession or levy exemption relating to your account. You may cancel our right to verify your details or disclose your information for these reasons at any time but without written notice of eligibility we cannot continue to supply the rebate, concession or levy exemption.
By acceptance of this agreement you grant Mojo Power explicit consent to store your personal information in a secure database that may reside or be replicated outside of Australia.
PART 5: SUPPLY AND DISCONNECTION
- When can we disconnect you
We can disconnect you if:
- you do not pay your invoice by the due date for payment and, where you are a residential customer you have not offered to pay by instalment payment plan, or have agreed to do so but have failed to pay an instalment;
- you have failed to comply with the terms of an instalment payment plan which we have agreed with you;
- you use electricity illegally;
- you have failed to provide a security deposit;
- you have refused access to an authorised person to your supply address or you have obstructed the authorised person in the carrying out of their function;
- you have requested supply to be discontinued (and we have given you five business days’ notice) ;
- you are no longer a small retail customer; or
- we are otherwise entitled or required to disconnect you under the energy laws, such as for reasons of health and safety, in an emergency or as directed by a relevant authority,
and we have followed the relevant procedure under the energy laws.
Mojo Power may terminate this agreement where your premise is disconnected for any reason. Where this agreement is terminated you will be required to pay all termination fees associated with this agreement, including Other Goods & Services. Termination Fees are outlined in your Customer Offer Information form and Disclosure Notice.
- Notifying you of disconnection
Before disconnecting your premises, we must comply with relevant warning notice requirements and other provisions in the energy laws. However, we do not have 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 supply address or where there is an emergency or health and safety issue).
- Circumstances where we must not disconnect you
Unless you request us to or have illegally used electricity, we may not disconnect you:
- if you have made an application for a government rebate or grant, or where an instalment payment plan with us has not been decided;
- if you have made a complaint under either our standard complaints and dispute resolution procedures or the Energy and Water Ombudsman directly relating to the reason for disconnection and the complaint remains unresolved;
- if you are a hardship customer and you are complying with your instalment payment plan (except where you prevent access to the meter);
- if you have made us aware or we should be reasonably aware that you have applied for relief under a government funded energy charge rebate/concession/relief scheme and a decision on that application has not been made (except where you prevent access to the meter);
- where you have failed to pay an amount to us relating to goods or services other than the supply of electricity (except where you prevent access to the meter);
- where the amount outstanding on an amount is less than the amount allowed by the Australian Energy Regulator as varied from time to time;
- where you were to be disconnected for not paying your invoice or instalment payment plan but an extreme weather event is taking place;
- where you as a residential customer have insufficient household income to pay your supply invoice unless we have met our regulatory obligations to provide sufficient notice including details of the Ombudsman scheme, you have refused or failed to enter into an agreed payment plan before the expiry of the period in the disconnection notice or failed to adhere to a payment plan;
- on a Friday, Saturday or Sunday;
- on a day immediately before a public holiday or on a public holiday;
- before 8am or after 3pm on any other day; or
- on the days between 20 and 31 December in any year, inclusive.
We may not disconnect you for any reason except where you request it if any life support system that relies on electricity for its operation is in use at the supply address.
- Requested disconnection
If you request us to arrange for the preparation and issue of a final invoice or to disconnect your supply address, we must use our best endeavours to arrange for that invoice or disconnection in accordance with your request.
- Reconnection after disconnection
We will arrange for your reconnection within ten (10) business days if:
- you request us to reconnect you;
- you pay any overdue invoices in full;
- you have satisfied all the requirements under the energy laws; and
- you pay to us the required disconnection/reconnection fee, as set out under our price list before reconnection.
- Force majeure and continuity of supply
If, because of a force majeure event, either you or we would breach this agreement, either our or your obligations (other than any obligation of either you or us to pay money) will be suspended for so long as the force majeure event continues.
The party affected by the force majeure event must give the other party details of the force majeure event including an estimate of its likely duration, the obligations affected by it and the extent of its effect on those obligations and the steps taken to overcome or remedy the situation.
If the effects of the force majeure event are widespread, we will be deemed to have provided notice if we make the necessary information available to you by a 24 hour telephone service within 30 minutes of being advised of the force majeure event or otherwise as soon as practicable.
The party affected by the force majeure event must use reasonable endeavours to overcome or remedy the situation as quickly as practicable but neither party will be required to settle any industrial dispute.
- Last resort supply agreements
If last resort supply arrangements are implemented with respect to us, you may be transferred to a retailer of last resort.
If this occurs we will transfer you to another supplier and you will become their customer. Your existing agreement with us will end. We also may take any other action required in transferring you; this may include the supply of some of your details such as your supply address and your NMI.
There will be no payment required of you in respect of this transfer.
However, if you are transferred to a retailer of last resort the rights and obligations under this agreement that may have already accrued (such as an obligation to pay charges up until the date of transfer) will still apply.
- Final meter read
In any instance where the agreement ends, we will need to take a final meter read. You can either wait for the scheduled read to occur or request us to arrange a special meter read (which may incur a fee).
If you are remaining at your supply address but transferring to another retailer, and that retailer arranges a special meter read, you will not need an additional read from us.
You will need to pay us the charges that have accrued for supply of electricity up until the day of the final meter read.
- Moving from your supply address
If you are intending to move to from your current supply address, you must give us at least twenty (20) business days’ notice that you intend to do so. This notice should include the date that you intend to move and include a forwarding address so that we can send you a final invoice if you do not intend to be supplied by us at your new address.
You may request that we transfer this agreement to your new premises. We will notify you of any required amendments to the contract at your new premises. If you accept those amendments, this agreement will continue subject to those amendments. We may require you to pay a disconnection fee for your current supply address and a reconnection fee for your new premises.
If you reject the amendments, this agreement will end in accordance with clause 51.
If you have not provided notice of your intention to move, or ensured that we can safely access your meter, you will be responsible for all electricity supplied to the supply address. Your responsibility will cease when we:
- become aware that you have moved from the supply address;
- receive the required notice from you and you provide safe access to your meter; or
- another person commences purchasing electricity at the supply address, whether through us or another retailer.
You are liable for all costs associated with disconnecting your supply.
PART 6: Compliments, Enquiries, Complaints and Dispute Resolution
- Enquiries or complaints
If you have a compliment, enquiry or complaint relating to our supply of electricity to you or this agreement generally please contact us as follows:
Email Fax Post
email@example.com 02 8318 2118 GPO 7049, Sydney, NSW 2001
We are obliged to handle any complaint under our standard complaints and dispute resolution procedures which you can review on our website or which we can provide to you upon request.
We will inform you of the outcome of our review of your complaint.
If you are not satisfied with our response to your complaint, you have the right to refer the complaint to the Energy and Water Ombudsman.
- Notices under the agreement
Notices and invoices under this Contract must be sent in writing, unless this Contract or the energy laws say otherwise.
If you have provided your consent in accordance with the energy laws (either at the time of entering into this Contract or at a later stage) to receive notices and invoices electronically, we may send notices and invoices under this agreement to you electronically.
A notice or invoice sent under this agreement is taken to have been received by you or by us (as relevant):
- 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);
- on the date two business days after it is posted; or
- on the date of transmission (unless the sender receives notice that delivery did not occur or has been delayed) if sent electronically.
Our contact details for you to contact us or send us a notice are as set out in our invoice to you, or as notified to you from time to time.
PART 7: ENDING THIS AGREEMENT
- Ending the agreement
This agreement will end:
- on the final day of the term set out in the offer;
- where supply of electricity at the supply address commences with a different customer to you;
- on the date you are transferred to a retailer of last resort if last resort supply arrangements are implemented with respect to us;
- where the supply of electricity at the supply address commences under another retailer or under a different agreement with us; or
- if you choose not to agree to a variation set out in a notice of variation provided by us to you;
- where you are reclassify as something other than as a small supply customer;
- at the end of a period of 10 business days commencing on the date your supply address is disconnected and where you have no right to be reconnected under this agreement.
You may end this agreement by giving us at least twenty (20) business days written notice where you intend to vacate the supply address.
We can end this agreement if:
- your credit check is unsatisfactory;
- you breach this agreement;
- you have been disconnected and have no right to be reconnected under this agreement or in the energy laws or we have otherwise lawfully discontinued supply to you (the agreement will end 10 business days after the date of disconnection); or
- where we have any other right to end the agreement under the energy laws.
You must make any outstanding payment to us, when this agreement ends. No further obligation to supply electricity and other services by us to you will arise when this agreement ends.
If you want to end this contract because you are taking supply at your supply address from another retailer, you need to notify us. Such notification will constitute your implicit informed consent in accordance with the energy laws.
We may charge you a reasonable early termination fee as set out in the price list where this agreement ends prior to the final day of the term set out in the offer, except where you have ended this agreement during the cooling off period.
You agree to pay any additional costs associated with ending this agreement (e.g. Special Meter Read, Disconnection Fee).
PART 8: UNDERSTANDING THIS AGREEMENT
- Definitions of certain words in this agreement
Terms used in this agreement have the same meanings as they have in the energy laws unless otherwise set out in this clause.
acceptable identification in relation to:
- a business customer which is a sole trader or partnership, includes one or more of the forms of identification for a residential customer for each of the individuals that conduct the business;
- a business customer which is a body corporate, includes the body corporate’s Australian Company Number or Australian Business Number;
- a residential customer, includes one or more of the following:
- a driver’s licence issued under the laws of a State or Territory, a current passport or another form of photographic identification;
- a pensioner concession card or other entitlement card issued under the laws of the Commonwealth or of a State or Territory; or
- a birth certificate.
agreement means this document (which contains the terms and conditions upon which we agree to supply you with electricity and any other associated goods or services) the disclosure notice and the price list in addition to any other attachments to this document;
The Customer Offer Information and Transfer Authorisation form (written or oral) for the purpose of describing contractual rights or obligations should be interpreted as having been incorporated into this agreement.
Australian Standard means the Australian Standard AS ISO 10002-2006 as amended and updated from time to time;
business day means a day that is not a Saturday, Sunday or State wide public holiday;
charges means the tariffs, fees and charges that you must pay for the supply of electricity as set out in our price list;
connection point means the agreed point of supply between your electrical installation and the distribution system;
customer means you;
customer connection contract means the agreement between you and your distributor for the provision of customer connection services to the supply address, the terms of which are governed by the energy laws;
customer connection services means:
- the connection of the supply address to the distribution system to allow electricity to be supplied to you;
- any agreed increase in the maximum capacity of the existing connection to the distribution system at the supply address; and
- the maintenance of the capability for electricity to be supplied to the supply address from the distribution system and any other connection services as that term is defined in the Code;
disclosure notice means the written disclosure notice provided to you by Mojo Power in accordance with Mojo Power’s obligations under the Code;
distributor means an entity that holds provides electricity through the poles and wires to your supply address;
distribution non-network charges means the charges of your distributor set out in your distributor’s price list that:
- are referable to a specific request by you or us; or
- are referable to a requirement under the electricity legislation, and do not include network charges;
distribution system means the electricity power lines and associated equipment and electricity structures that are used to convey and control the conveyance of electricity to the supply address of wholesale and retail customers, or to convey and control the conveyance of electricity to, from and along the rail network electricity system, but does not include a transmission system;
electricity means electricity which is available for supply to you at the supply address;
energy laws means national and State and Territory laws and rules relating to energy and the legal instruments made under those rules;
energy marketing rules means the rules which govern energy marketing activities under the energy laws and including (but not limited to) Schedule 2 – Australian Consumer Law to the Competition and Consumer Act 2010 (Cth), the Do Not Call Register Act 2006 (Cth), Spam Act 2003 (Cth), the Telecommunications Act 1997 (Cth) and regulations (as amended form time to time);
energy ombudsman means the Energy Ombudsman established to ensure customers and retailers are adhering to energy laws and the agreed contract. For customers in New South Wales, you can contact the Energy and Water Ombudsman NSW at: firstname.lastname@example.org; Reply Paid 86550 Sydney South NSW 1234; Freefax 1800 812 291; Freecall 1800 246 545. For customers in South Australia, you can contact the Energy and Water Ombudsman SA at: email@example.com; GPO Box 2947 Adelaide 5001; Freefax 1800 665 165; Freecall 1800 665 565. For customers in Queensland, you can contact the Energy and Water Ombudsman QLD at: firstname.lastname@example.org: PO Box 3640 South Brisbane BC Qld 4001; Fax (07) 3087 9477; Freecall 1800 662 837.
force majeure event means an event outside the control of Mojo Power or you;
GST Law has the meaning given by A New Tax System (Goods and Services) Tax Act 1999 (Cth) or, if that Act does not exist, means any Act imposing or relating to the imposition or administration of a goods and services tax in Australia and any regulation made under that Act;
hardship customer has the meaning given in the energy laws. Our hardship customer policy is found at our website (www.mojopower.com.au);
instalment payment plan is a plan for a residential customer to pay the retail entity by periodic instalments, all arrears (including any disconnection or reconnection charges) and charges relating to continued use of electricity but, to avoid doubt, does not include an informal arrangement under which a residential customer is granted additional time to pay an amount owed;
invoicing period means the regular recurrent period for which you receive an invoice from us;
last resort supply arrangements means the electricity supply arrangements applicable under the energy laws where electricity is supplied by a retailer of last resort;
law/s means all laws of the Commonwealth and of the State or Territory in which the supply address is located, including statutes, regulations, licences, authorisations and codes as well as any determinations of any governmental agency or Ministerial orders or directions under such laws applying from time to time relating to the services provided to you under this agreement;
meter means a device complying with Australian Standards and records the production or consumption of electrical energy;
metering data means data sourced from your meter and may include accumulated metering data, interval metering data, calculated metering data, substituted metering data, estimated metering data and check metering data as defined in the energy laws;
metering services may include the installation, maintenance and testing of electricity metering equipment at the Premises, and the reading and forwarding of data from that metering equipment to us, the network service provider and the operator of the wholesale electricity market;
network charges means charges of a distributor for:
- the use of a shared supply network of the distributor; and
- the use of the transmission grid to which the distribution system is connected;
network service provider means a network service provider that is responsible under the relevant law for providing customer connection services in respect of the supply address;
new occupant customer means any customer who has entered into a new occupant supply arrangement with us;
NMI means a national metering identifier assigned to a meter at your supply address;
offer means the proposal from us to enter into this agreement which lists our prices amongst other things;
payment is monetary reimbursement received by Mojo Power as cleared funds by midday;
price list means our fees and charges as amended from time to time as set out on our website: www.mojopower.com.au. Please contact Mojo Power on 1800 109 099 or by post if you would like a copy of the prices sent to you. Your initial fees and charges are set out in your Customer Offer Information form, Pricing Fact Sheet and Disclosure Notice.
privacy laws means the Privacy Act 1988 (Cth) and any other laws dealing with the privacy of information;
public holiday means a State or Territory wide public holiday in the State or Territory in which the supply address is located and a local holiday in the district in where the supply address is located;
quarterly means the period of days represented by 365 days divided by 4;
responsible person is the person responsible for the installation of the meter and the collection of metering data (and its subsequent processing and delivery to any relevant user of the metering data, such as your distributor);
retailer means a person who holds a retail supplier’s licence under the energy laws and who supplies you with electricity;
retailer of last resort means a supplier designated under the energy laws to supply electricity in the event that we are unable to supply our customers with electricity;
retailer of last resort customer means any customer who has entered into a last resort supply arrangement with us;
security deposit means the deposit of the amount required by us under clause 21 of the agreement whether by cash, the provision of a bank guarantee or establishment of an insurance policy in our name;
small retail customer means a customer who is either a residential customer or who is a business customer that consumes less than the maximum threshold identified in the energy laws;
standard complaints and dispute resolution procedures means the procedures we have created in accordance with the energy laws. These procedures are found at our website (www.mojopower.com.au);
supply address means the address (or addresses) at which you wish to arrange the supply of electricity and includes each connection point at the relevant premises and includes any building or part of a building, any structure or part of a structure, any land (whether built on or not) and any river, lake or other waters; and
welcome pack means the contents of the first letter or package that we send to your supply address after this agreement is accepted, including this agreement, the offer, the disclosure notice and other information.
In this agreement, unless the context otherwise requires:
- A reference to any law includes any statutory modification, amendment or re-enactment, and any subordinate law issued under that law, in either case whether before, on or after the date of this agreement.
- A reference to this agreement or document is to this agreement or document as varied or replaced from time to time.
- A reference to a clause, part, schedule or attachment is a reference to a clause, part, schedule or attachment of or to this agreement.
- Where a word or phrase is given a defined meaning another part of speech or other grammatical form in respect of that word or phrase has a corresponding meaning.
- A word which denotes the singular includes the plural, a word which denotes the plural includes the singular and a reference to any gender includes the other genders.
- A person includes any company, trust, partnership, joint venture, association, body corporate or public authority.
- Any agreement, covenant, representation, warranty, undertaking or liability arising under this agreement on the part of two or more persons is to be taken to be made or given by such persons jointly and severally.
- A reference to dollars or $ means Australian dollars.
- The schedules and attachments form part of this agreement.
- References to the word ‘include’ or ‘including’ when an example is given do not limit the scope to those things listed.
- A reference to a time of day means that time of day in the State or Territory in which the supply address is located.
- Where a period of time is specified and dates from a given day or the day of an act or event, the period of time must be calculated without including that day.
- A term of this agreement which has the effect of requiring anything to be done on or by a date which is not a business day must be interpreted as if it is required to be done on or by the next business day.