OurPower Terms and Conditions of Energy Supply - From 1st April 2020

These are OurPower's terms and conditions of energy supply for all new users, and existing users starting from April 1st 2020. By becoming an OurPower customer you acknowledge and accept these terms and conditions.

These terms and conditions:

Apply to the supply of electricity to your Premises, and also where you operate a Home Generation Facility and/or Export Electricity from your Premises into the Network.
Apply from 29 February 2020, however, for existing OurPower customers, these terms and conditions will apply from 1 April 2020.
May be changed by OurPower at any time, on not less than 30 days' notice of any changes (including price changes).
Use certain words which have the meanings set out in the Definitions section.

Becoming a customer

You can apply to become an OurPower customer by completing the online application form on our website.
If (in its sole discretion) OurPower accepts your application, an agreement is formed on these terms and conditions and will apply from the date you first use our Products and Services. You will be liable for all charges associated with Products and Services from this date.
Your Premises must be within the Supply Area. In the event that you switch to us and your Premises is not within the Supply Area, we will cancel the switch in progress or require you to switch to another energy retailer.
If you have moved into a property already supplied by OurPower but do not apply to become a customer, or if your application is declined, the electricity supply to your property will be disconnected and we may charge you for any electricity used.

Information, privacy & contact

You can contact OurPower via e-mail sent to [email protected], via the Customer Portal or OurPower website. We will provide you with as much online assistance as we reasonably can.

You will be able to find information about our Products and Services and pricing plans on the OurPower website.

We will contact you (including sending notices to you) by using the e-mail address you have provided to us, via the Customer Portal and/or other messaging services using contact details you have provided to us e.g. text message.

The information you provide to OurPower must be current, complete and correct. You must advise us, as soon as possible, if any information previously provided changes.

OurPower may collect, use and disclose your personal information for a number of purposes, as set out in our Privacy Policy. The Privacy Policy describes how we collect, store, use, and disclose personal information in accordance with the Privacy Act 1993.

You acknowledge and agree to the terms of our Privacy Policy, which you will be able to find on the OurPower website.

OurPower responsibilities

OurPower will:

Supply you with electricity and other Products and Services in accordance with this Agreement, other legal obligations relating to the supply of electricity, and good industry practice.
Provide a safe and reliable supply (but with no guarantee of an uninterrupted supply).
Provide a 24 hour service to respond to supply issues (e.g. electricity faults and any relevant updates on supply interruptions).

OurPower is not required to perform its responsibilities under this Agreement if an event beyond our control has occurred and to the extent such event prevents or delays us from carrying out our responsibilities.

Your electricity supply (or the supply via a Controlled Meter) may be interrupted or reduced, or any meter temporarily disconnected for reasons such as:

Emergency or load management reasons (in which case interruption may occur without prior notice).
Maintenance or testing of, or for repairs or alterations to, Equipment or the Network.
Health and safety reasons, or to avoid danger to persons or damage to property.
To upgrade or protect your electricity supply or another person's electricity supply, or to connect another person to the Network.
By, or on the instructions of, the Network company or Transpower.
On the instructions of the Electricity Authority or other regulatory authority.
For an Event beyond our control or the reasonable control of the Network company.

If you have a price plan that allows OurPower to remotely control the supply of electricity to Equipment in your Premises, your electrical appliances (e.g. hot water cylinder) will be switched off or adjusted from time to time, as agreed.

In the event of a local or national electricity shortage, your electricity supply may be rationed or restricted. Electricity may also be rationed as part of an electricity industry rationing plan.

OurPower may use agents, contractors or suppliers to carry out activities on its behalf in supplying electricity and other Products and Services to you, whom we may change from time to time. We may also subcontract or delegate our obligations under this Agreement to other people or companies including delegating the collection of payments to third party debt recovery agencies.

OurPower will deliver electricity to your Premises through the power lines that connect your Premises to the Network. We will arrange this with the Network company. Your Premises will have a connection point to the Network. You can find out the exact location by asking the Network company.

If you receive Products and Services from OurPower for the purposes of a business, you agree that the Consumer Guarantees Act 1993 will not apply and that this provision is fair and reasonable. This Agreement is not otherwise intended to limit your statutory rights as a consumer.

Customer responsibilities

You must:

Use electricity safely.
Provide current, complete and correct information to OurPower.
Ensure you have, at all times, a valid bank account or credit/debit card loaded against your account and sufficient funds or facility available to pay in full your invoices from OurPower when they are due.
Not revoke your direct debit or payment authorisation given to OurPower (without replacement authorisation) which would prevent payment in full of your OurPower invoices when they are due.
Have a meter approved by OurPower at your Premises
Not claim any rights or interest in the Network or any Equipment on your Premises.
Not tamper or interfere with any Equipment at your Premises, or allow anyone else to do so.
Advise OurPower or the Network company immediately if you notice or suspect any damage to or fault with the Equipment at your Premises.
Notify OurPower if a Vulnerable Consumer or Medically Dependent Consumer is living at your Premises.
Let OurPower know if you plan to significantly increase your electricity use or generate your own electricity and inject it back into the Network.
Allow OurPower representatives to enter your Premises and have unhindered access to Equipment as outlined in the Access to Equipment section.
Maintain and repair your electricity lines and cables from the point of supply, the meter box or board itself, and any electrical appliances and equipment at your Premises which do not form part of the Network and/or are not Equipment.
Comply with your obligations under the Electricity (Hazards from Trees) Regulations 2003, at your cost if required.
Otherwise comply with these terms and conditions.

Electricity supply

You acknowledge and agree that:

There is no guarantee of uninterrupted supply of electricity to your Premises, nor that supply will be free from defects or interruptions.
Surges and spikes are momentary fluctuations in voltage or frequency are not treated as interruptions and may cause damage to any sensitive equipment on your Premises.
OurPower is not responsible for any damage that results from electricity supply fluctuation.

Information about technical requirements relating to electricity supply can be obtained by contacting your Network company directly.

If electricity supply to your Premises is interrupted for any reason (other than your default) OurPower will restore your electricity supply as soon as reasonably practicable.

OurPower recommends the use of surge protection and other equipment to protect your appliances, and holding sufficient insurance cover, for damage that may result from interruption of electricity supply and fluctuations in frequency, voltage and other problems with supply.

Pricing, billing and payment

Details of OurPower’s pricing for electricity supply and other Products and Services including transaction and administration costs are available from OurPower. You can contact OurPower via e-mail sent to [email protected], the Customer Portal or OurPower website. We will provide you with as much online assistance as we reasonably can.

OurPower will issue invoices for the cost of electricity supplied and any other Products and Services on a weekly basis. OurPower does not have a separate rate for controlled supply via a Controlled Meter.

Invoices will be sent to you using the e-mail address you have provided to us and will be accessible via the Customer Portal. Our invoices will itemise the quantity and cost of electricity supplied over the billing period (or estimated to have been supplied, which will be clearly recorded), any fees or costs of any other Products and Services, your identifier number(s) of all installation control points at the Premises and the due date for payment.

Payment of the invoice amount (including any arrears) will processed on the due date, which will be no less than two business days from the invoice date.

You agree to:

Authorise us to debit your nominated bank account or charge your nominated debit or credit card for amounts owed to OurPower.
Not revoke your direct debit or payment authorisation given to us (without replacement authorisation) which would prevent payment in full of your OurPower invoices when they are due.
Ensure you have, at all times, a valid bank account or credit/debit card loaded against your account and sufficient funds or facility available to pay in full your invoices from OurPower when they are due.
Pay the undisputed portion of your invoice where you dispute charges on your invoice.

Payment methods incur surcharges at the posted rates.

Failure to ensure your nominated bank account, credit or debit card details provided to OurPower remains valid at all times, or revocation of the payment authorisation provided to OurPower for payment of your energy account, constitutes material breach of this Agreement.

You may change your payment instruction and nominated bank account, credit or debit card details using the Customer Portal, however such change cannot be made in respect of a scheduled payment less than 24 hours before the payment due date.

OurPower's prices may change from time to time. We will provide at least 30 days' notice of any price increase to you by using the e-mail address you have provided to us and/or via the Customer Portal. The notice will include information about the reason(s) for any increase in OurPower's energy prices or other charges. Notification of an impending price increase will also appear on the OurPower website. For the avoidance of doubt, if you join OurPower less than 30 days before a notified price increase takes effect, you will not receive 30 days' notice of the impending price increase.

If circumstances arise where you may incur any other fee (other than those comprised in your Pricing Plan or the transaction and administration costs), we will give reasonable notice of the fee and whether there are ways you can avoid it.

You agree that if you fail to pay to OurPower any amount due under this Agreement, we can disconnect the electricity supply to your Premises in accordance with this Agreement and charge you fees for any and all costs associated with disconnection, reconnection and debt collection owed, including bank, legal and court fees.

As soon as reasonably practicable after we become aware of an error that results in an incorrect amount being charged to you, we will notify you and promptly credit your account for any amount that overcharged if the error was made by us; where you have been undercharged, and after taking into account whether you or OurPower contributed to the error or could reasonably be expected to know of the error, we invoice you for any amount that you have been undercharged.

OurPower Sharing

OurPower Sharing is a weekly payment shared between OurPower customers. You can Share with an individual or organisation of your choice and the recipient customer will receive a Sharing credit on their OurPower account.

You can set up a recurring Sharing payment to another OurPower customer via the Customer Portal. The amount you nominate to Share will be added to your invoice every week. You can Share as much, and with as many OurPower customers, as you wish.

You can amend or cancel any recurring Sharing payment you have set up via the Customer Portal. The amendment or cancellation will take effect from your next invoice unless the change has been made within 24 hours of your invoice date. In such case, the amendment or cancellation may not take effect until the following invoice.

A Sharing payment will not be reversed, and any funds you have Shared with others will not be refunded to you.

You acknowledge and agree that unless you choose to Share anonymously, OurPower can disclose to the recipient of your Sharing payment that you are Sharing with them.

Any funds shared through OurPower Sharing will be applied as a Sharing credit to the recipient’s OurPower account.

Shared amounts are not refundable nor redeemable for cash. For the avoidance of doubt, should you close your OurPower account with an accumulated Share balance you will not be refunded any accumulated, unused Share balance. OurPower may apply the balance amount for any purpose that it deems will benefit the OurPower community of customers.

If you are Sharing with a Charitable Trust, the amount you Share is not a tax-deductible payment. The amount you Share is credited to the OurPower account held by the Charitable Trust.

OurPower does not give any accounting, taxation or financial advice in relation to Sharing. OurPower recommends that customers Sharing (whether giving or receiving) take steps to understand and inform themselves about the accounting, taxation or financial consequences of Sharing. If necessary, customers should consult with their own adviser(s).

Meters and readings

The electricity supplied to you at your Premises will be metered by a meter approved by OurPower. You may not provide or install your own meter. OurPower, the Metering company and/or the Network company will retain all ownership rights in Equipment at your Premises.

If you have a Controlled Meter at your Premises, OurPower or the Network company can switch off electricity supply to separately-wired appliances for short periods at times of high demand for electricity. OurPower does not have a separate rate for controlled supply via a Controlled Meter.

Different pricing plans may require separate meters.

All electricity supplied by OurPower must be metered by a meter approved by OurPower. If your supply is unmetered, OurPower can refuse to accept you as a customer or, if you are already a customer, terminate this Agreement for material breach.

OurPower will arrange for the meter(s) at your Premises to be read. If we are unable to read the meter for any reason, or some or all usage data is missing from any meter read obtained, we may estimate the amount of electricity supplied to your Premises until such time as the meter can be remotely or physically read.

You must advise us if you suspect the meter at your Premises is inaccurately recording the amount of electricity you are using. If you ask us to test the meter (or if we decide to test it) and the meter is found to not be within the Industry Standards of accuracy, OurPower will work out what your actual electricity usage should have been and debit or credit your account accordingly. If the meter is found to be accurate and you had asked for it to be tested, OurPower may charge a fee for testing the meter.

If at any time it appears to OurPower that the meter at your Premises has been interfered with (including preventing or restricting communication with the meter), we may require you to pay:

All costs associated with us remedying the issue including repairing or replacing damaged Equipment; and/or
The estimated cost of any electricity lost as a result of the interference.

In the case of any other error that results in an incorrect amount being charged to you, as soon as reasonably practicable after we become aware of an error we will notify you and promptly credit your account for any amount that overcharged if the error was made by us; where you have been undercharged, and after taking into account whether you or OurPower contributed to the error or could reasonably be expected to know of the error, we invoice you for any amount that you have been undercharged.

Access to Equipment

You must provide to OurPower, the Meter company and/or the Network company safe and unobstructed access to and over your Premises, including the interior and exterior of any buildings and any land where Equipment is located, when we reasonably require access:

To inspect or take readings from the meters or to verify any metering information.
To operate, install, inspect, test, maintain, repair, replace, move or remove Equipment including meters.
To connect or disconnect electricity supply to your Premises.
To investigate the cause of any interference to electricity supply.
To protect, or to prevent damage or danger to, people or property.
To install or maintain a load control device.
For any other reason relating to electricity supply or Network services provided by OurPower or the Network company.

Except in an emergency or for routine situations (such as meter reading), OurPower will give you notice of when and why access is required. We will provide a reasonable period of notice where there is a need to inspect or operate any Equipment, and at least 10 business days' notice if there is a need to construct, upgrade, repair or maintain any Equipment except where otherwise agreed.

If OurPower or the Network company needs to access your Premises in an emergency situation, you agree that reasonable steps to gain access to your Premises may be undertaken without your permission and without prior notice.

When visiting your Premises, OurPower representatives will:

Take reasonable steps to minimise direct impacts on your Premises or any inconvenience to you and will take into account and comply with your reasonable requirements.
Be courteous, considerate and professional at all times and carry identification which will be shown to you (if requested) and identify themselves before entering your Premises.

You will need to provide a key and/or security system code or arrange ongoing access to the Equipment at your Premises if any of it is secured. OurPower will keep all keys and security codes you give us secure and only use them to fulfil our rights and obligations under this Agreement.

Persistent failure to provide safe and unobstructed access to Equipment at your Premises may result in the electricity supply to your Premises being disconnected.

Home Generation requirements

This section applies if you operate, or wish to operate, a Home Generation Facility at your Premises and/or Export Electricity from your Premises into the Network. From time to time, you may use a Home Generation Facility instead of taking electricity supply from OurPower and may supply Export Electricity to us in accordance with this section. You will sell, and OurPower will purchase, any Export Electricity provided that:

You are our customer at all times.
Electricity supplied to, and Export Electricity from, your Premises is metered by a meter approved by us or our Metering company to an accuracy and reliability that is approved and certified in accordance with part 10 of the Code.
You have made and maintain all necessary contractual and physical arrangements with the Network company in order to have the Home Generation Facility connected to the Network and for Export Electricity into the Network.
You ensure the Home Generation Facility and your operation of it complies with relevant Industry Standards and/or statutory or regulatory requirements.
You are responsible for the safe operation of the Home Generation Facility and for any damage caused to the facility itself or the Network or any other property or person as a result of the operation of the Home Generation Facility.
You are responsible for arranging any required insurance to cover the risk of damage caused by any power fluctuations and for installing back-up devices or making other arrangements to protect your equipment or meeting its special needs or the requirements of the Network company.
Where appropriate, you will arrange public liability insurance in relation to the operation of the Home Generation Facility.
OurPower may end the arrangement to purchase any Export Electricity from you (by notice to you) where these requirements are not being met or where, in our opinion, the Home Generation Facility is being operated in a manner which is likely to cause damage or injury to the Network or any other property or person.

OurPower will pay you for any Export Electricity in accordance with your pricing plan at the rates per kWh advised from time to time to you and/or via its website. Payment will be made by way of a credit applied to your electricity account.

In the event that it is not possible for us to determine the quantity of Export Electricity due to a failure or inaccuracy in the meter, or should you dispute OurPower’s calculation of the quantity of Export Electricity, then the quantity of Export Electricity shall be determined by our reasonable estimate for the relevant period of the Home Generation Facility generation less your consumption during the relevant period based on historical information and having regard to your previous generation, exportation and consumption profiles.

Interest will not accrue or be payable on any credit balances.

If you are GST registered, the rates paid will be plus GST. You must advise us if you are GST-registered, or if your GST status changes, and we may require evidence.

Switching or moving

If you decide to switch to another energy retailer, that retailer will advise OurPower so that we can jointly undertake the switching process. You will remain our customer until the switching process is completed, and will need to pay us for all electricity supplied to your Premises (and any other charges incurred) before the switch is completed. If you intend to move out of your Premises, you need to access the Customer Portal and complete a ‘move out request and disconnection’. You must give us at least 48 hours' notice. The cost for electricity supplied to your Premises until the advised move-out date, or 48 hours’ after you advise us of your move where you have not given 48 hours’ notice, will be included in your next OurPower invoice. If you move out of your Premises without advising us, you will remain liable for all electricity supplied to the Premises until either:

You complete a ‘move out request and disconnection using the Customer Portal.
You otherwise of advise us of your wish to disconnect electricity supply to your Premises.
The new occupier becomes an OurPower customer or customer of another energy retailer for electricity supply to the Premises.

Disconnection

Except in the cases where a Vulnerable Consumer lives at your Premises and not all assistance has been provided to you, or a verified Medically Dependent Consumer lives at your Premises, OurPower may disconnect the electricity supplied to your Premises and end this Agreement if any of the following occur:

You fail to pay any undisputed amount owed to OurPower by the due date.
You breach a material term of this Agreement and/or persistently fail to meet your obligations under any other term of this Agreement. Where any such breach is possible of being remedied by you, we will provide the opportunity for you to remedy the breach or meet your obligations within a reasonable timeframe.
You move into a Premises supplied electricity by us and you do not open an account with OurPower or are not accepted as our customer.
It appears you have removed or tampered the meter at your Premises, caused damage to Equipment or any other loss to OurPower, the Network company or the Meter company, or caused or allow someone else to do so.
You knowingly take advantage of Equipment that is inaccurate or not operating correctly.
You ask to have your supply disconnected, either permanently or temporarily for safety reasons. In such case, we will disconnect the electricity supply as soon as reasonably practicable and when it is safe to do so.
The Network company requires OurPower to disconnect the supply under any agreement with it, or our agreement with the Network company comes to an end.

If OurPower intends to disconnect the electricity supply to your Premises for non-payment we will tell you at least seven business days before we disconnect the electricity supply. We will do this by sending a notice to the e-mail address you have provided to us and/or via the Customer Portal. We will give you a final warning at least 24 hours before we intend to disconnect you. Each notice will include information about the timeframe within which disconnection will take place and what you need to do to avoid disconnection. We will only disconnect you on a business day that is not Friday or the day before a public holiday. The Network company may also disconnect electricity supply to your Premises, as outlined in the Network company section.

You must meet OurPower’s requirements for reconnection before we will reconnect the electricity supply to your Premises.

Vulnerable and medically dependent consumers

If you have told us that you or someone else who lives at your Premises is a Vulnerable Consumer or if it appears to OurPower that there is a Vulnerable Consumer living at your Premises, and your electricity supply is at risk of disconnection, and we provide you with all reasonable assistance. Should you still fail to make payments towards your OurPower account, you authorise us to consult with Work and Income, District Health Boards, private health providers or any other social agency or service provider as necessary.

If you advise that there is a Medically Dependent Consumer residing at your Premises, OurPower requires verification of such by a suitably qualified health practitioner (i.e. Notice of Medically Dependent Consumer Status). We may also require re-verification of Medically Dependent Consumer status from time to time.

We will provide you with reasonable time to verify or re-verify Medically Dependent Consumer status. If you fail to verify or re-verify Medically Dependent Consumer status, the Premises on your OurPower account will not be flagged as having a Medically Dependent Consumer living there and we may disconnect electricity supply to the Premises as outlined in the Disconnection section.

Network company

The Network company owns and is responsible for the Network. As a customer on your local Network, you must:

Ensure electricity lines and cables from the point of supply, and any electrical appliances and equipment installed, at your Premises meet all legal and industry requirements, Industry Standards and Network company standards (including safety and technical requirements).
Provide suitable space for the safe and secure storage of any Equipment of the Network company.
To protect and not damage or interfere with the Network company's Equipment.
Not interconnect the electricity supplies from two or more separate connections.
Not to modify, connect or disconnect any electrical appliances or equipment to or from the Network.
Not to inject or attempt to inject any electricity into the Network without first telling the Network company or having suitable arrangements with the Network company.
Not use the Network to send or receive any signal or communication.

The Network company may charge you directly for Network services, or OurPower will do so.

At times the Network company will need work on its Network which may affect the supply of electricity to you. OurPower will give you at least four business days' notice of any planned interruption unless prior agreed otherwise, or if the work is urgent. For urgent work, OurPower will give as much notice as we reasonably can.

The Network company may disconnect electricity supply to your Premises (which may be without notice) if:

You consistently fail to grant the rights of access required by this Agreement.
Your electrical appliances or equipment do not meet the Network company's requirements or are considered unsafe.
OurPower requests it to do so.
There are circumstances which may adversely affect the proper working of the Network or transmission system.
An emergency situation occurs or it is necessary to avoid endangering people or property.
Permitted to do so under its use of system agreement with OurPower.
You materially breach any other term of this Agreement.

You agree that section 105 of the Electricity Industry Act 2010 shall not apply in respect of any such disconnection of electricity supply to your Premises. If you enter into a third party agreement to control your electricity load, you must ensure that:

The load is not already controlled by the Network company.
The third party does not interfere with or damage the Network company's (or our) load control systems. If any damage occurs, you must promptly fix the damage at your own cost.
The third party makes the load available to the Network company to enable it to fulfil any performance obligations it has as an asset owner (in respect of managing system security in accordance with the Code) and to meet any applicable service standards for distribution services.
The third party has first entered into an agreement with the Network company which sets out the protocols for the use of the load.

You will be liable to make good any direct loss or damage suffered by the Network company which is caused or contributed by your fraud, dishonesty or wilful breach of this Agreement (or by anyone associated with you).

You acknowledge that, to the fullest extent permitted by law any liability the Network company may have to you in contract, tort (including negligence) or otherwise in relation to the supply or non-supply of electricity to you is excluded.

Nothing in this Agreement gives you any rights or interest in the Network or any Equipment on your Premises.

This provision is for the benefit (and enforceable by and on behalf) of the Network company pursuant to the Contract and Commercial Law Act 2017 (Contractual privity).

Complaints

You can access OurPower’s free complaints resolution service by e-mail to [email protected] or via the contact form on the OurPower website. We will endeavour to respond to you within two business days and resolve any complaints within 10 business days.

If your complaint relates to another provider, OurPower will pass it onto the correct provider within one business day.

If it will take longer than 20 business days to resolve your complaint, OurPower will contact you to let you know why, how much longer it will take, and to discuss your options.

OurPower is a member of the Utilities Disputes Ltd, who provides the Energy Complaints Scheme, a free and independent complaints resolution service.

If OurPower cannot resolve your complaint to your satisfaction within 20 working days, you can take your complaint to the Utilities Disputes Limited – visit www.utilitiesdisputes.co.nz, e-mail [email protected] or (free) phone 0800 22 33 40.

You can also take your complaint to the Courts or Disputes Tribunal.

If you dispute the correctness of charges on your invoice, we will not disconnect your electricity supply for non-payment of the disputed portion of your invoice until the matter has been dealt with through our dispute resolution process.

Liability

If OurPower damages your property and such damage is reasonably foreseeable, we will pay the costs of repairing the damage or replacing damaged property (at our discretion) to a maximum of $10,000 for any single event or series of closely related events. However, OurPower will not be liable to you for any indirect or consequential loss, or loss of profits or similar claim.

Should we be found to be liable to you for any reason, our total maximum liability under this Agreement is limited to $10,000 for any single event or series of related events.

If you are liable to OurPower, the maximum amount you will pay as compensation for our loss is $10,000 for any single event or series of closely related events, except where the loss is due by a deliberate or wilful conduct, or damage you have caused to the Network, or for costs or other charges payable under this Agreement.

All warranties, guarantees or obligations imposed on OurPower, the Network company or are Metering company by the Consumer Guarantees Act 1993 are excluded where you receive Products and Services for the purposes of a business including where you on-sell the electricity supplied to your premises to an end-user. You agree that the Consumer Guarantees Act 1993 will not apply and that this provision is fair and reasonable. This Agreement is not otherwise intended to limit your statutory rights as a consumer.

To the fullest extent permitted by law, the Network company has no liability to you in contract, tort (including negligence) or otherwise in relation to the supply or non-supply of electricity to you under this Agreement. This provision is for the benefit of (and enforceable by) the Network company pursuant to the Contract and Commercial Law Act 2017 (Contractual privity).

If you do not have a direct agreement with the Meter company, then (to the fullest extent permitted by law) the Meter company has no liability to you in contract, tort or otherwise in relation to the supply of electricity under this Agreement. This provision is for the benefit of (and enforceable by) the Meter company pursuant to the Contract and Commercial Law Act 2017 (Contractual privity).

Miscellaneous

You cannot transfer any of your rights and obligations under this Agreement to any other person.

OurPower may transfer all or any part of our rights and obligations under this Agreement, and will give you at least 30 days' notice along with details of how you can contact the new electricity retailer and when the transfer will take place.

If OurPower commits an "event of default" as defined under the Code, the Electricity Authority can require we provide it with information about you and can also:

Transfer that information and all or any part of our rights and responsibilities under this Agreement to another electricity retailer.
Amend this Agreement to be consistent with, or more favourable than, the standard contract that the new retailer would normally have offered you immediately before we committed the event of default.
Amend this Agreement to include a minimum term, so that you must stay supplied by the new retailer for that term unless you pay a cancellation fee.

The above provision is included for the benefit of (and is enforceable by) the Electricity Authority pursuant to the Contract and Commercial Law Act 2017 (Contractual privity) and may not be amended without the consent of the Electricity Authority.

Where OurPower already has an agreement in place with another electricity retailer, we may transfer your information and all or any part of our rights and responsibilities under this Agreement to that electricity retailer to expedite the transfer process and ensure the continued supply of electricity to your Premises.

Any provisions intended to survive termination of this Agreement will continue to have effect.

If it appears that a receiver, liquidator, administrator or similar is likely to be appointed in respect of OurPower's business, we will take all reasonable steps to ensure that you continue to receive electricity supply to your Premises.

Definitions

'Agreement' means the legally binding agreement between you and OurPower refers collectively to these terms and conditions, the applicable OurPower pricing plans (if any), OurPower's Privacy Policy and any other documents we tell you form part of the Agreement.

'Code' means the Electricity Industry Participation Code 2010.

'Controlled Meter' refers to an electricity meter at your Premises which allows for some of the supply to separately-wired appliances (e.g. the hot water cylinder) to be switched off for short periods at times of high demand for electricity.

'Customer Portal' means the OurPower’s online customer portal.

'Equipment' means any meter and other equipment used to measure or record electricity usage at the Premises, to transmit or convey electricity usage data, or to supply electricity to the connection point at your Premises or any associated equipment (including, without limitation, switches, fuses, transformers, wiring, meter boards and pre-payment meters or devices).

'Event beyond our control' means any circumstance not within the reasonable control of OurPower including (without limitation) acts of God, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, earthquake lightning, storm, flood or other similar event, interference with the network form birds, animals, vegetation, traffic accidents, faults in the network, and other things OurPower does not have control over.

'Export Electricity' means electricity generated by a Home Generation Facility in excess of customer requirements at the Premises and which electricity is exported into the Network with agreement from the Network Company.

'Home Generation Facility' means a facility installed at a Premises that generates electricity and is connected to the Network and has a maximum generating capacity of 50kW.

'Industry Standards' includes all relevant electricity industry standards and codes, rules and protocols.

'Medically Dependent Consumer' means a means a person living at a Premises who is dependent on mains electricity for critical medical support and where loss of electricity may result in the loss of life or serious harm.

'Meter company' means the company or companies that own the meter(s) at your Premises and/or are responsible for installing, maintaining, repairing and reading the meter(s), and its agents.

'Network' means the electricity distribution network to which the point of supply for your Premises is connected, and includes the network of overhead lines, underground cables and other installations and equipment used to distribute electricity.

'Network company' means the company or organisation that owns and is responsible for the Network, and its agents.

'OurPower', 'we', ‘us’ or 'our' means:

For the period up to and including 31 March 2020, WEL Networks Limited trading as OurPower and its agents, successors and assignees; and
For the period from 1 April 2020 onwards, OurPower Limited trading as OurPower and its agents, successors and assignees.

'Point of supply' means the point at which the network company determines that the network ends and your lines, cables or pipes and fittings and equipment begin. The point of supply for electricity is generally the point where the electricity supply enters the Premises (ie, at the boundary).

'Pricing plan' means the pricing plan which applies to the electricity supplied to your premises, which you elect upon becoming a OurPower customer, and any subsequent changes pf pricing plan made by you. The charges comprising your pricing plan may change from time to time, in the manner described in this Agreement.

'Products and Services' means any products and services provided by OurPower, including the supply of electricity.

'Premises’ means the address (including land and buildings) to which we supply electricity.

'Share' or 'Sharing' is an option on your OurPower account which enables you to set up and make weekly payments towards the OurPower account of another customer.

'Vulnerable Consumer' means a person living at a Premises where disconnection of electricity to the Premises presents a real and genuine threat to his or her health or wellbeing due to age, health or disability. This meaning also applies to a customer who has genuine difficulty paying for electricity supplied to the Premises due to temporary or permanent financial hardship.

OurPower Terms and Conditions - Until 1st April 2020

These are OurPower's terms and conditions of energy supply, which you accept by becoming an OurPower customer.

Becoming an OurPower customer

You can apply to become an OurPower customer by completing the online application form on the OurPower website www.ourpower.co.nz.

If (in its sole discretion) OurPower accepts your application, an agreement is formed on these terms and conditions and will apply from the date you first use products or services supplied by OurPower. You will be liable for all charges for products and services provided from this date.

If you have moved into a property we already supply and do not make an application to become an OurPower customer, or your application is declined, the energy supply to your property will be disconnected and OurPower may charge you for any energy used.

You can find information about OurPower's products, services, and pricing plans on the OurPower website www.ourpower.co.nz . OurPower will provide you with as much online assistance as it reasonably can to help you.

OurPower may change these terms and conditions at any time, and will provide at least 30 days' notice of any changes including price changes.

OurPower will send notices to you using the email you have provided to us, via the OurPower customer portal or other mutually agreed messaging service e.g. text message. Notices are deemed received the day after they are sent.

OurPower responsibilities

OurPower will:

Supply you with products and services in accordance with this Agreement, other legal obligations relating to the supply of energy, and good industry practice.
Supply a safe and reliable service (but with no guarantee of an uninterrupted supply).
Provide a 24 hour service to respond to supply issues e.g. electricity faults and any relevant updates on supply interruptions.

OurPower is not required to perform its responsibilities under this Agreement if an event has occurred which is beyond our reasonable control and to the extent such event prevents or delays us from carrying out those responsibilities.

Your electricity supply (or the supply to controlled appliances such as hot water cylinders) may be interrupted or reduced, or any meter temporarily disconnected for reasons such as:

emergency or load management reasons (in which case interruption may occur without prior notice);
maintenance or testing of, or for repairs or alterations to, equipment or the electricity network;
health and safety reasons, or to avoid danger to persons or damage to property;
to upgrade or protect your or another person's electricity supply, or to connect another person to the electricity network;
by, or on the instructions of, the network company or Transpower;
on the instructions of the Electricity Authority or other regulatory authority; or
for any event beyond our control or the reasonable control of the network company.

OurPower will deliver electricity to your property through the power lines that connect your property to the electricity network. OurPower will arrange this with the network company. Your property will have a connection point to the power lines. You can find out the exact location by asking the network company.

If you receive goods or services from OurPower for the purposes of a business, you agree that the Consumer Guarantees Act 1993 will not apply. This Agreement is not otherwise intended to limit your statutory rights as a consumer.

Customer obligations

You must:

Provide correct, complete and current information to OurPower.
Make all payments due to OurPower on time.
Use electricity safely.
Not tamper or interfere with any metering or other equipment at your property, or allow anyone else to do so.
Have an OurPower meter at your property.
Advise OurPower or the network company immediately if you notice or suspect any damage to or fault with the metering or other equipment at your property.
Notify us if you or someone living at your property has critical medical equipment that relies upon electricity, or is considered a vulnerable consumer.
Let OurPower know if you plan to significantly increase your electricity use or generate your own electricity and inject it back into the network.
If required by OurPower, allow meter readers to enter your property to read the meter at any time during normal working hours or at any other time arranged with you.
Allow OurPower Representatives to enter your property to inspect, repair, install, replace, test or remove any equipment, at any time arranged for such purpose (unless there is an emergency requiring urgent action).
Maintain and repair your electricity and/or gas lines, pipes and cables from the point of supply, the meter box or board itself, and any electrical or gas appliances and equipment at your property.
Comply with your obligations under the Electricity (Hazards from Trees) Regulations 2003, at your cost. This includes ensuring trees and vegetation on your property are kept free from power lines. More information on Power, Trees and Vegetation is available on the WEL Networks website, wel.co.nz.
Comply with these terms and conditions.

OurPower pricing, billing and payment

Details of OurPower's pricing for energy supply and other services are set out on the OurPower website under the Pricing tab.

OurPower's prices may change from time to time. OurPower will provide at least 30 days' notice of any price increase via email, the OurPower customer portal or other agreed messaging service. The notice will include information about the reasons for any increase in OurPower's energy prices or other charges. Notification of an impending price increase will also appear on the OurPower website. For the avoidance of doubt, if you join OurPower less than 30 days before a notified price increase takes effect, you will not receive 30 days' notice of the impending price increase.

If circumstances arise where you may incur a fee, OurPower will give reasonable notice of the fee and whether there are ways you can avoid that charge.

You agree to pay OurPower from your nominated account (the bank account or credit card you nominated during your online sign up to become an OurPower customer) at the prices applicable to your pricing plan and any other charges in accordance with this Agreement. Some methods of payment will incur surcharges at the posted rates.

OurPower will issue invoices for the cost of energy supplied and any other services in the case of recurring services on a weekly basis and as incurred for other services. Invoices will be sent to your email address, and also accessible via the OurPower customer portal. OurPower invoices will itemise the quantity and cost of energy supplied over the billing period (or estimated to have been supplied, which will be clearly recorded), any further fees and the cost of any other products or services supplied, your identifier number(s) of all installation control points at the property. The invoices will state the due date for payment, which will be no less than two business days from the date of the invoice. Payment due will be debited from your nominated account on the due date.

You may change your payment method using the OurPower customer portal, however the change cannot be made in respect of a scheduled payment less than 24 hours before the scheduled payment.

You agree to:

authorise OurPower to debit your nominated account for amounts owed to OurPower;
ensure your nominated account has sufficient clear and accessible funds to cover all payments due to OurPower at the time for payment;
always make full payment of the invoice amount to OurPower. If you have a dispute, you must still pay the undisputed portion of your invoice.

You further agree that if payment from your nominated account is dishonoured, cancelled or refused, or you do not otherwise pay for any amount which is due under this Agreement, OurPower can:

charge you its costs in collecting the amount owed, including bank fees, debt collection fees, legal and court fees; and;
disconnect the energy supply to any property supplied under this Agreement and charge you fees for disconnection, reconnection and debt collection.

In the case of an error that results in an incorrect amount being charged to you, as soon as reasonably practicable after becoming aware of such error, we will notify you and, if the error was made by us, promptly credit your nominated account for any amount that you have been overcharged, or (after taking into account whether you or OurPower contributed to the error or could reasonably be expected to know of the error), invoice you for any amount that you have been undercharged.

Meters and readings

The energy supplied to you will be metered.

OurPower will periodically and remotely read the meter(s) at your property. If OurPower is unable to read the meter for any reason, or some or all usage data is missing from any meter read obtained, OurPower may estimate the amount of electricity supplied to your property until such time as the meter can be remotely or physically read.

You must advise OurPower if you suspect the meter at your property is inaccurately recording the amount of energy you are using. If you ask OurPower to test the meter (or if OurPower decides to test it), and it is found to not be within the industry standards of accuracy, OurPower will work out what your actual electricity usage should have been and debit or credit your account accordingly. If the meter is found to be accurate and you had asked for it to be tested, OurPower may charge a fee for testing the meter.

If at any time it appears to OurPower that the meter at your property has been interfered with (including preventing or restricting communication with the meter), OurPower may:

require you to pay all costs associated with OurPower remedying the issue including repairing or replacing damaged metering equipment; and/or
require you to pay the estimated cost of any energy lost as a result of the interference.

In the case of any other error that results in an incorrect amount being charged to you, as soon as reasonably practicable after becoming aware of such error, we will notify you and, if the error was made by us, promptly credit your nominated account for any amount that you have been overcharged, or (after taking into account whether you or OurPower contributed to the error or could reasonably be expected to know of the error), invoice you for any amount that you have been undercharged.

Different pricing options may require separate meters. You may not provide or install your own meter. OurPower or the metering company will retain all ownership rights in any meter and metering equipment at your property.

Ending your supply

If you decide to switch to another energy retailer, that retailer will advise OurPower so that we can jointly undertake the switching process. You will remain an OurPower customer until the switching process is completed, and will need to pay OurPower for all energy supplied to your property and any other charges incurred before the switch is completed.

If you intend to move out of your property, you need to access the OurPower customer portal and complete a move out request and disconnection. You must give at least 48 hours' notice. The cost for electricity supplied to your property up to the date we disconnect you will be included in your next invoice.

If you move out of your property or close your account, you will remain liable for all electricity and other associated services supplied to the property until either:

you advise of your wish to disconnect energy supply to your property using the OurPower portal; or
the new occupier becomes an OurPower customer or customer of another retailer for energy supply to the property.

OurPower may disconnect the energy supplied to your property, and end this Agreement, if any of the following occur:

You do not pay any undisputed amounts owed to OurPower by the payment due date.
You do not meet your obligations under a material term of this Agreement or have persistently failed to meet your obligations under any other term of this Agreement. Where such breach is possible of being remedied by you, OurPower will provide the opportunity for you to meet your obligations or remedy the breach.
You move into a property supplied energy by OurPower and you do not open an OurPower account, or are not accepted as an OurPower customer.
It appears you have removed or tampered with the transmitting function from your Smartbox, or you cause or allow someone else to cause any other loss or damage to OurPower, the network operator or meter owner.
You knowingly take advantage of metering equipment that is inaccurate or not operating correctly.
You ask to have your supply disconnected, either permanently or temporarily for safety reasons. In such case OurPower will disconnect the electricity supply as soon as reasonably practicable and when it is safe to do so.
The Network company requires OurPower to disconnect the supply under any agreement with them or our agreement with the network company comes to an end.

Except in the cases where you are a vulnerable customer and not all assistance has been provided to you, or you are a medically dependent customer.

If OurPower intends to disconnect the electricity supply to your property for non-payment we will tell you at least 7 business days before we disconnect the electricity supply. OurPower will do this by sending an email to the email address we hold for you. OurPower will give you a final warning at least 24 hours before we intend to disconnect you. Each notice will include information about the timeframe within which disconnection will take place and what you need to do to avoid disconnection. OurPower will only disconnect you on a business day that is not a Friday or the day before a public holiday.

OurPower can refuse to reconnect the electricity supply to your property if it has been disconnected for any of the reasons referred to in this Agreement.

If OurPower commits an "event of default" as defined under the Code, the Electricity Authority can require OurPower to provide it with information about you and can also:

transfer that information and all or any part of our rights and responsibilities under this Agreement to another electricity retailer; and
amend this Agreement to be consistent with, or more favourable than, the standard contract that the new retailer would normally have offered you immediately before we committed the event of default; and
amend this Agreement to include a minimum term, so that you must stay supplied by the new retailer for that term unless you pay a cancellation fee.

Where OurPower already has an agreement in place with another electricity retailer, OurPower may transfer your information and all or any part of our rights and responsibilities under this Agreement to that electricity retailer to expedite the transfer process and ensure the continued supply of electricity to your property.

Access to meter and equipment

You must provide OurPower and the network company with safe, unobstructed and easy access to and over your property, including the interior and exterior of any buildings and any land where any equipment is located, when we reasonably require access:

to inspect or take readings from the meters or to verify any metering information;
to install, connect or disconnect, test, inspect, maintain, repair, replace, operate, move or remove meters or other equipment;
to connect or disconnect your connection point;
to restore electricity following an unplanned outage;
to investigate the cause of any interference to electricity supply;
to protect, or to prevent damage or danger to, people or property;
to disconnect the electricity supply;
to install or maintain a load control device; and/or
for any other reason relating to electricity supply or electricity network services provided by OurPower or the network company.

A list of our charges is set out at our website under the Pricing tab.

Except in an emergency or for routine situations (for example, reading or inspecting a meter on the outside of a building), OurPower will give you notice of when and why access is required. OurPower will provide a reasonable period of notice where there is a need to inspect or operate any equipment, and at least 10 business days' notice if there is a need to construct, upgrade, repair or maintain any equipment.

If OurPower or the network company need to access your property in an emergency situation, you agree that reasonable steps to gain access to your property may be undertaken without your permission and without prior notice.

When visiting your property, OurPower representatives will:

take reasonable steps to minimise direct impacts on your property or any inconvenience to you and take into account and comply with your reasonable requirements;
ensure our representatives are courteous, considerate and professional at all times and carry identification that they will show to you (if requested) and identify themselves to you before entering your property.

If you do not provide safe, unobstructed and easy access to your property:

when required by the network company, the network company may disconnect your electricity supply and reclaim its equipment; or
when required by OurPower, and the access issues are continual, we may disconnect the electricity supply to your property.

You will need to provide a key and/or security system code or arrange access to your energy supply equipment if any of it is secured. OurPower will keep all keys and security codes you give us secure and only use them to fulfil our rights and obligations under these terms and conditions. If we no longer need your key to access the energy supply equipment, OurPower will destroy it securely (and let you know beforehand); if you are still our customer at the premises and you request it, OurPower will return the key to you.

Information and privacy

The information you provide to OurPower must be current, complete and correct. You must advise OurPower as soon as possible if any information previously provided changes.

OurPower may collect, use and disclose your personal information for a number of purposes, as set out in its Privacy Policy.

OurPower's Privacy Policy is available on OurPower's website, forms part of this Agreement. It describes how OurPower will collect, store, use, and disclose information in accordance with the Privacy Act 1993.

You acknowledge and agree to the terms of our Privacy Policy.

OurPower Sharing

OurPower Sharing is a weekly payment shared between OurPower customers. OurPower customers can Share with an individual or organisation of their choice. The recipient customer will receive a Sharing credit on their OurPower account.

You can set up a recurring Sharing payment to another OurPower customer via your online OurPower account area. The amount you nominate to Share will be added to your invoice every week.

You can Share as much, and with as many OurPower customers, as you wish.

You can amend or cancel any recurring Sharing payment you have set up or cancel any recurring Sharing payment you are receiving, via your online OurPower account area. The amendment or cancellation will take effect from your next invoice unless the change has been made within 24 hours of your invoice date. In such case, the amendment or cancellation may not take effect until the following invoice.

A Sharing payment will not be reversed, and any funds you have Shared with others will not be refunded to you.

You acknowledge and agree that unless you choose to Share anonymously, OurPower can disclose to the recipient of your Sharing payment that you are Sharing with them.

In applying for an OurPower account, you agree that other OurPower customers can Share with you. Those OurPower customers who know your registered email address can set up a Sharing payment to your OurPower account by using your registered email address. You further agree to your account name being displayed in the Sharing pages of the OurPower website, as well as the total Sharing amount you have received (as a proportion of your energy costs).

Any funds shared through OurPower Sharing will be applied as a Sharing credit to the recipient’s OurPower account, or tagged for the recipient’s future requirements while an OurPower customer. It is the customer’s responsibility to edit or cancel any Share payments.

If you are Sharing with a Charitable Trust, the amount you Share is not a tax-deductible payment. The amount you Share is credited to the OurPower account held by the Charitable Trust.

Vulnerable and medically dependent customers

If you have told us you or someone else who lives at your property:

Has health issues meaning there is a real and genuine threat to health or wellbeing due to age, health or disability;
Due to a critical medical condition has medical equipment that relies on the supply of electricity to keep it operating properly;
Are financially vulnerable meaning that you experience temporary or permanent financial hardship that makes it genuinely difficult for you to pay for the electricity we supply to your property.

OurPower may require verification of medical dependency on equipment by a suitably qualified health practitioner, and re-verify that status from time to time.

If OurPower forms an honest belief that you are a vulnerable customer and your supply is at risk of disconnection and we have provided you with all reasonable assistance and you have still failed to make payments, you agree OurPower may consult with Work and Income, District Health Boards, private health providers or any other social agency or service provider as necessary.

Disconnection

In the event of non-payment and/or material and/or persistent breach of this Agreement, OurPower will contact you using your registered email or other mutually agreed communication service at least 7 days before we plan to disconnect your electricity supply. A final notice will be sent to you at least 24 hours before the planned disconnection.

The notices provided will provide clear instructions on how to make payment to OurPower and avoid disconnection.

Network company requirements

The network company owns and is responsible for the electricity network including monitoring and maintaining the Equipment used to provide electricity network services. As a customer on your local network, you must:

ensure any Equipment installed on your property meets all legal and industry requirements, Industry Codes and Standards and the network company's standards (including safety and technical requirements).
provide suitable space for the safe and secure storage of any of the network company's Equipment;
to protect and not interfere with the network company's Equipment.
not to interconnect the electricity supplies from two or more separate connections;
not to modify, connect or disconnect any equipment to or from the electricity network;
not to inject or attempt to inject any electricity into the electricity network without first telling the network company; and
not to use the electricity network to send or receive any signal or communication.

You agree that the network company may perform a temporary disconnection of your electricity supply in certain circumstances and the network company may not provide notice.

The network company may charge you directly for electricity network services, or we will do so.

If you enter into an agreement with a third party to control your energy load you must ensure that:

the load is not already controlled by the network company;
the third party does not interfere with or damage the network company's or our load control systems (if any damage occurs you must promptly fix the damage at your own cost);
the third party makes the load available to the network company to enable it to fulfil any performance obligations it has as an asset owner (in respect of managing system security in accordance with the Code) and to meet any applicable service standards for distribution services; and
the third party has first entered into an agreement with the network company which sets out the protocols for the use of the load.

Any direct loss or damage suffered by the network company which is caused or contributed to by your fraud, dishonesty or wilful breach of this Agreement (or by anyone associated with you), you will be liable to make good that loss or damage.

You acknowledge that, to the fullest extent permitted by law:

any liability the network company may have to you in contract, tort (including negligence) or otherwise in relation to the supply or non-supply of electricity to you is excluded;
any liability the network company may have to you which cannot be excluded is limited to $15,000 per connection per event; and
the total amount payable by the network company to OurPower and other electricity retailers for any single event is limited to $2,000,000 (GST exclusive), apportioned between OurPower and other electricity retailers.

At times the network company will need work on its networks which may affect the supply of electricity to you. OurPower will give you at least four business days' notice of any planned interruption unless prior agreed otherwise, or if the work is urgent. For urgent work, OurPower will give as much notice as we reasonably can.

You acknowledge that any guarantee which may be imposed on the network company by the Consumer Guarantees Act 1993 is excluded where supply is for the purposes of a business.

The electricity network and any of its Equipment kept on your property is and remains the property of the network company. Nothing in this Agreement gives you or anyone else any rights or interest in the electricity network or the network company's equipment.

The terms and conditions included in this Agreement at the request of the network company are for the benefit of and enforceable by and on behalf of the network company pursuant to the Contract and Commercial Law Act 2017 (Contractual privity).

Network and supply issues

If your supply is interrupted for any reason (other than your default) OurPower will restore your electricity supply as soon as reasonably practicable. Examples of interruptions are:

health and safety reasons.
maintenance, testing or repair to the network and equipment.
application of load control to minimise risk of failure during high demand periods.

You acknowledge and agree that:

surges and spikes are momentary fluctuations in voltage or frequency and may cause damage to any sensitive equipment on your property.
there is no guarantee that the supply of electricity to your property will be free from defects or interruptions; and
OurPower is not responsible for any damage that results from electricity supply fluctuation.

OurPower recommends the use of surge protection to protect your appliances and holding sufficient insurance cover for damage that may result from fluctuations in frequency, voltage and problems with the electricity supply.

Where OurPower receives compensation for losses that result from an interruption to electricity supply, we will pass on an appropriate portion of that compensation to you.

Information about technical requirements relating to electricity supply can be obtained by contacting your network company directly.

Dispute resolution and complaints

If you have a complaint, you can access OurPower's free complaints resolution service via the contact form on the OurPower website or email [email protected]. OurPower will endeavour to respond to you within 2 business days and to resolve any complaints within 10 business days.

If your complaint relates to another provider, OurPower will pass it onto the correct provider within 1 business day.

If it takes longer than 20 business days to resolve your complaint, then OurPower will contact you to let you know why, how much longer it will take, and to discuss your options.

OurPower is a member of the Utilities Disputes Ltd, who provides the Energy Complaints Scheme, a free and independent complaints resolution service.

If for some reason OurPower cannot resolve your complaint or problem to your satisfaction within 20 working days, you can take your complaint to the Utilities Disputes Ltd – visit www.utilitiesdisputes.co.nz, email [email protected] or freephone: 0800 22 33 40.

You can also take your complaint to the courts or the disputes tribunal.

If you dispute the correctness of charges on your invoice we will not disconnect your electricity supply for non-payment of the disputed portion of your invoice until the matter has been dealt with through our dispute resolution process.

Liability

Should OurPower be found to be liable to you for any reason, our total maximum liability under this Agreement is limited to $10,000 for any single event or series of related events.

If you are liable to OurPower, the maximum amount you will pay as compensation for our loss is $10,000 for any single event or series of closely related events, except where the loss is caused by a deliberate or wilful conduct, and in any case does not apply to any energy or service charges.

Miscellaneous

You cannot transfer any of your rights and obligations under this Agreement to any other person.

OurPower may transfer all or any part of its rights and obligations under this Agreement. OurPower will give at least 30 days' notice of this along with details of how you can contact the new electricity retailer and when the transfer will take place.

OurPower may use agents, contractors or suppliers to carry out activities on its behalf in providing products and services to you, whom OurPower may change from time to time. OurPower may also subcontract or delegate its obligations under this Agreement to other people or companies including delegating the collection of payments third party debt recovery agencies.

Any clauses that are intended to have effect after termination continue to have effect.

The clauses related to default under the Code and OurPower's ability to transfer all or any part of its rights and obligation under this Agreement are also intended for the benefit of and are enforceable by the Electricity Authority under the Contract and Commercial Law Act 2017 (Contractual privity). Neither clause can be amended without the consent of the Electricity Authority.

If it appears that a receiver, liquidator, administrator, or other similar official is likely to be appointed in respect of OurPower's business, we will take all reasonable steps to ensure that you continue to receive electricity supply to your property.

Definitions of terms in this Agreement

'Agreement' means collectively these terms and conditions, your pricing plan (if any), our website terms of use, our privacy policy and any other communications and documents we tell you will form part of the Agreement.'

'Code' means the Electricity Industry Participation Code 2010.

'Controlled Load' refers to your electricity supply to your property, and some supply is to separately wired appliances (most commonly, the hot water cylinder) which OurPower or lines company can switch off for short periods at times of high demand for electricity (usually referred to as "ripple control").

'Equipment' means any meter and other equipment used to measure or record electricity usage, to transmit or convey electricity usage data, or to supply electricity to your Connection Point or any associated equipment (including, without limitation, switches, fuses, transformers, wiring, meter boards and pre-payment meters or devices).

'Event beyond our control' in respect of an event means any circumstance not within a party's reasonable control including, without limitation acts of God, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, earthquake lightning, storm, flood or other similar event, interference with the network form birds, animals, vegetation, traffic accidents, faults in the network, and other things OurPower does not have control over.

'Industry Codes and Standards' includes all relevant electricity industry codes and standards, rules and protocols.

'Network' means the electricity and/or reticulated gas (as the case may be) distribution network to which your point of supply is connected, and includes the network of overhead lines, underground cables and pipelines and other installations and equipment used to distribute electricity or gas.

'Network company' means the company or organisation that owns the network, and its agents.

'OurPower', 'we', or 'our' means WEL Networks trading as OurPower, its agents, successors and assignees.

'Pricing plan' means the pricing plan you sign up to when electing to become an OurPower customer, which will include your invoice date, and as may be updated or changed from time to time in the manner described in this Agreement.

'Product and Services' means products and/or services provided by OurPower including electricity and/or reticulated natural gas (but not LPG bottled gas).

'Property' means the address (including land and buildings) we supply electricity to.

'Uncontrolled Load' refers to electricity supply to your property 24/7, all metered at the same rate.