1.1 These terms and conditions apply from the date you ask us to start supplying electricity to your single or multiple properties where we agree to supply.
1.2 If electricity service is not supplied at your proposed transfer or new connection date, we will endeavour to commence supply as soon as possible after commencement.
2. Become a Stack Energy customer
2.1 To become our customer we accept your service application via online or email at (info@stackenergy.co.nz).
2.2 You must have at least one email address to become a Stack Energy customer.
2.3 We supply electricity service within Auckland Area (Wellsford to Papakura) only.
2.4 We will respond to your application within 2 working days from the date you submitted your application via online or email.
2.5 If we accepted your application (which we may decline to do, at our sole discretion) than a confirmation email will be sent to your email address. If your personal and service information is different, you should let us know immediately.
2.6 In our sole discretion we may decline your application. In this case we may disconnect and cease supplying electricity service. You have responsibility to pay for the electricity consumed in the interim.
2.7 If more than one person is the customer on an account at any properties, each of those people are responsible to us under these terms and conditions.
2.8 We may request to provide personal information (including credit information) to every person who wants to become our customer. For commercial customer, we may request to provide personal guarantee form.
2.9 We may ask to request for a bond from you to secure a level of security in case you default on your account. In case we ask the bond, the bond should be paid within 14 working days after the request made. The bond amount varies on your consumption and will comply with any accepted industry standard or protocol (The bond will not exceed more than sum of your previous two-month invoice cost). Bond will be kept for 12 months unless you missed any payment you own us or your credit score is under the limit, and bond will release via your bank account registered under our system. We do not pay interest on bonds.
2.10 Any personal information from you have given to us is strictly confidential and kept held by us in accordance with the Privacy Act 1993.
2.11 You are liable from the date on which we first supply you our service for charges for all the products and services provided to you under the Agreement.
2.12 In any event, you will only be liable to pay for electricity consumed from the date of ownership or tenancy unless another date has been agreed between you and us.
2.13 If you move to another property where we are already supplying electricity and start using service, you should contact us to become a customer. Otherwise we will disconnect electricity at the property. You will be required to pay for the electricity you use that property and disconnection fee and any other costs we incur by providing electricity service from us as specified in our price list. You can check our current fee for reconnection and disconnection by visiting our website (www.stackenergy.co.nz).
2.14 If you move into a property where the meter is disconnected either remotely or physically, you should let us know in the first place to get supplied. Reconnection fee will incur.
3. Electricity Supply and Related Services
3.1 We,as your electricity retailer, agree to supply electricity services to you in accordance with these terms and conditions.
3.2 We supply electricity services through the power lines on your electricity network. We will arrange electricity supply service with the network company unless you have a direct connection with the network company.
3.3 We charge you for Electricity and other associated services at the rates, fees and charges detailed in your ‘Pricing table’ on our website. We may charge you service fee for services provided under this Agreement at our then current rate.
3.4 You may choose a Pricing plan which you wish to apply to you and notify us of your choice. If you are eligible for the plan chosen, we will provide to the plan chosen by you within 30 days after receiving your notification.
3.5 Electricity is supplied by a point of connection from the power line. Most of the residential house has a point of connection at a power pole outside the boundary of your property. You can get the exact location by your network company. Vector (0508 832 867, website www.vector.co.nz) is the network company from Auckland Area (Wellsford to Papakura).
3.6 You have a responsibility for the Electrical installation meets the relevant legal requirements, including the Code and other applicable Industry Codes and Standards and Regulations (including Line Function Services safety and technical requirements provided under the Industry Codes and Standards, available at http://www.energysafety.govt.nz)
3.7 We are not able to meet our obligations if any following circumstances or events have happened. It may interrupt us to provide the service For examples,
The network company may shut down or be affected by natural disaster such as storm, winds or accidents.
The meter company may shut down or interrupt for maintenance or upgrading equipment or other reasons.
3.8 We cannot be held liable for supply interruptions due to events outside its control including act of god, war, terrorism, riot, industrial action, malicious damage, network failure, equipment failure or third party accident.
3.9 We will give you a notification if you are entitled to receive a service level payment from us where the service standards for supplied electricity are not met.
3.10 We will give you a notice of unplanned outages as soon as we recognize. These circumstances or events are beyond our control so it may cause delay to carry on our obligations. We will do our best endeavours to recover your electricity supply as soon as is reasonably practicable.
3.11 Planned shutdowns can be carried by the network company or the meter company. It may affect to supply electricity service to you. Planned outage or shutdowns notification will be given to the customer no less than 4 working days. Sometimes the notification is sent by either the network company or the meter company directly. Otherwise we will give you as much notice as possible. We will restore supply electricity of your property as soon as reasonably practicable following a planned interruption.
3.12 We recommend you to have insurance to protect your property or sensitive equipment from any loss by planned or unplanned electricity outages.
3.13 Information of electricity supply interruption will be updated in the network company’s website. You must contact the network company (Vector 0508 832 867) directly or visiting www.vector.co.nz website if your property is located within Auckland Area (Wellsford to Papakura). You can find which network company is on your property by visiting our website (www.stackenergy.co.nz).
3.14 If your supply is interrupted for any reason (other than your default) we will provide information about a supply interruption will be updated regularly in accordance with good industry practice in New Zealand.
3.15 You are recommended to have an insurance to protect your property or sensitive equipment from any loss by planned or unplanned electricity outages.
3.16 We will provide electricity service with our obligations under the Consumer Guarantees Act. Also, electricity will be supplied in a manner consistent with all other legal obligations relating to the supply of electricity.
3.17 We will supply electricity in accordance with good industry practice in New Zealand and in accordance with any relevant industry protocols and codes of practice.
4. Metering Services
4.1 Smart meter, advanced metering device, is your obligation to be supplied electricity service from us. If your property has not installed a smart meter or smart meters we can arrange to be installed on your property. Smart meter installation can be declined due to environmental factors. Once it has happed we may require you to find another retailer to supply electricity service and initiate a switch to them within 5 working days.
4.2 We measure electricity consumption that we supply to you by the meter at your property. It will be read either by remotely or physically on a regular basis. We will endeavour to calculate your consumptions based on actual meter readings but it can be estimated for any reason that we were unable to read the meter. We will endeavour to read the meters that on the property at least once per 2 months and must be read once at least 4 months. This process will be in accordance with relevant regulations and industry standards.
4.3 Use electricity safely and never take any unauthorized or harmful action on an electrical device including metering equipment, pole line and point of connection. You are liable to pay for any damage which was occurred by unauthorized attempts.
4.4 Most of case, smart meter installation is a free of charge service, to make sure that you need to confirm the charge of smart meter installation by contacting us (info@stackenergy.co.nz). Other charges including metering equipment installation and site visiting are listed on our website (www.stackenergy.co.nz) or by contacting our Customer Service team through email (info@ stackenergy.co.nz).
4.5 Any fault found on metering equipment at your property, you should contact us first. We can arrange with the meter company to inspect the meter and inform the result within 7 Working dayss. If the meter company found the issue with the meter itself, we will repair or replace the meter at our, or the meter company’s cost. Otherwise we may charge you the cost of inspection, repair and replacing the meter.
4.6 We are unable to supply unmetered load due to nature of our business. If you have or are willing to supply unmetered services, you are asked to apply another retailer to supply.
5. Access
5.1 You must provide the meter company, the network company to have safe and unobstructed access to, in and over your property and any premises metering equipment, and any equipment of the network company.
5.2 The meter company, the network company require an access for install, connect or disconnect, test, inspect, maintain, repair, replace, operate, move or remove a metering component or other network equipment owned by them including other third parties equipment. Also, Information about you to be provided to third parties if required as part of a transfer.
5.3 You must provide us with the most up to date hazard. You are responsible for ensuring that Electricity (Hazards from Trees) Regulations 2003 which means any trees and other vegetation are not affected near the Grid or any line that forms part of the network. You to clear and cutting or trimming tree and other vegetation will be necessary if it has not kept safety distance requirement from power line.
5.4 We or Third-party will provide written notice to you with purpose, and timeline for accessing your property, except in routine situations (e.g. reading/inspecting a meter that is located on the outside of a building), or Emergency situations. The written notice will give to you 10 business days prior to access your property if it is for construction, upgrade, repair or maintenance. Or within a reasonable time flame if the purpose is to inspect or operate any equipment used in connection with generating, transforming, converting or conveying electricity.
5.5 We require access to your property. We will take reasonable steps to minimize direct impacts on the property or inconvenience to you, and comply with your reasonable requirements. We will comply with any reasonable requirements that you have given us (such as the time of entry).
5.6 We or third-party require its or own agents and employees, when accessing to your property, they will carry identification that shows they are authorized representatives of our company or third party and present this identification on request. They should identify themselves to you before entering your property. We will act courteously, considerately, and professionally at all times.
5.7 We will secure key(s) provided by you in our secure storage, and used only for purpose of clause 5 stated. You can request for your key to be submitted/returned to our comer service representative (info@ stackenergy.co.nz).
5.8 If you do not allow us to access or act in accordance with this clause 5 please contact us to resolve any access issue. If we are unable to resolve any access issues we may charge you for any cost reasonably incurred in relation to resolving issues or we or the network company may disconnect the supply of electricity to the property.
6. Electricity Supply equipment on the property
6.1 The metering component, distributor’s equipment and other equipment which the network or meter company own, does not belong to you.
6.2 You have responsibilities to provide a space for the safe and secure the metering components and the distributor’s equipment on your property. You must make sure that nothing on your property interferes with or damage the metering components and the distributor’s equipment.
6.3 You must give us a notice as soon as you recognize any damage to, fault with meter or equipment. You are liable to pay for any damage which was occurred by unauthorized attempts or damage the metering component or distributor’s equipment unlawfully.
6.4 You must not remove or replace the metering components and distributor’s equipment with any unauthorized equipment or permit that removal or replacement without the meter company or the network company’s prior written consent.
7. Obligation for Network Company
7.1 You undertake to comply with the Distributor’s (Network Company) Network Connection Standards that apply to your property. We do not own the lines network which electricity is delivered to you. The network company owns and is responsible for the network. You can find the copy of the Network Connection Standards from your relevant network company.
7.2 You, consumers, will not inject energy into or attempt to convey or receive signals over the network.
7.3 It is your responsibility to maintain Consumer Service line (unless the distributor is required or agrees to provide and maintain those lines).
7.4 Any compensation or Dividends from a network company we will pass that on to you who are entitled to receive it. If a third party (such as a Lines Company) give us compensation by losses resulting from the interruption of electricity supply, we will pass on an appropriate portion of that compensation to you whose supply was interrupted, and if requested to do so by you, will provide you with an explanation of how the amount was determined and passed to you.
7.5 The network company will have no liability to you in contract, tort (including negligence) or otherwise in respect of the supply of electricity to you under this terms and conditions.
7.6 You must ensure that its Customer Installation complies with all relevant legal requirements and the Network Connection Standards.
7.7 You agree to comply with statutory and regulatory requirements and the network company’s distribution code or other similar connection standards. You must also comply with the network company’s technical requirements and specifications for connection to the network which are published from time to time.
7.8 If a network company suffers direct loss or damage which is caused or contributed to by your fraud, dishonesty, or willful misconduct, you will be liable to make good that loss or damage.
8. Invoice and Payment
8.1 By signing up, you agree to pay for the electricity service and relevant service charges at your property or properties.
8.2 We will charge you for the electricity we supply to each property and other associated service at the rates, fees and charges based on your pricing plan as agreed with you time to time. You can find the service fee on our website (www.stackenergy.co.nz).
8.3 Invoice will include the quantity and cost including GST (or estimated to have been supplied) for electricity supplied to your Connection Point, electricity, Line Function Services, and any other goods or services you ask us to provide.
8.4 We charge electricity consumption as actual meter reading. However if we failed to read your meter remotely by any issue, we estimate of the electricity consumed. We calculate estimate read based on previous consumption if available or will be determined by following generally accepted industry practices and it will normally be clearly stated on your invoice if an estimate is used.
8.5 If you are not satisfied result of estimate meter reading, you can send an email to us with a photo of current meter reading with the date you took it. We will investigate your request as soon as reasonably practicable. We can make an amendment of your meter reading if we accepted after investigation.
8.6 We issue invoices on a monthly or weekly basis and invoices will be sent to your registered email address. They are accessible on our website by signing up our web account.
8.7 If you have not received an invoice for 2 months from service started you should contact us immediately. We will not take any further action such as charge interest once invoice was late to deliver due to system issue from our end. Or the invoice is more than 3 months late, we will give you a discount of 3% from your total amount.
8.8 You must pay the total amount shown on each invoice (including GST) by the due date for payment shown on the invoice whether the electricity consumption is calculated as actual or estimated.
8.9 If you want to dispute an invoice you should dispute with us in writing prior to the date your next invoice falls due for payment. If we have overcharged you due to a system error, we will promptly provide refund or credit to you any amount has been charged incorrectly. We will investigate your dispute as soon as we can. We may invoice for any underpayments, but only to extend reasonable taking in to account whether We or You contributed to the error or could reasonably have been expected to know of the error.
8.10 You can choose a payment method to pay your bill via online banking, bank deposit, direct debit or credit or debit card. To protect your privacy, we do not hold or record your credit card details in our database. 2% surcharge applies on your bill for credit or debit card payment. Please contact us via email (info@stackenergy.co.nz) for more information about payment option.
8.11 Unpaid amount you are responsible for or if your payment method such as Direct Debit or Credit card is dishonoured, cancelled or refused. We may have to collect any unpaid debt through third party Debt Collection Company.
8.12 You may incur a fee for disconnection/reconnection and debt collection. Any costs incurred in collecting money owing to us by you including bank fees, credit agency fees and legal and court costs are payable by you.
8.13 We will arrange an alternative payment option if you are a low-income customer or a vulnerable customers. We will provide the information via email or phone (info@stackenergy.co.nz) for further discussion.
8.14 We will give notice and adequate information to explain the changes to you 30 working days before the change take if either current or alternative payment mechanism is to change.
8.15 For a medically dependent customer, you need to verify your status by providing us with a Medically Dependent Consumer Status Form from your primary health care provider. We will not disconnect your electricity supply once you provide it to us.
8.16 Should you request a product or service that involves an additional cost, we will advise you of the additional cost at the time of the request for the product or service, or an estimate if the actual cost is not known.
8.17 We will notify you if circumstances arise, or are likely to arise, where you may incur a fee (for example, a late payment fee or disconnection and/or reconnection fees). the notice will include reasonable notice of the circumstances before you incur the fees, and how you can avoid incurring the fees.
8.18 We advise you to make payment within 2 working days for weekly payment, and 14 workings for monthly payment after invoice has been issued.
8.19 The invoice will include the identifier numbers of all installation control points at your property, charges for both electricity and line function services, and the name of the lines company.
8.20 We do not offer a pre-payment option. You have responsibility to find out and switch over to other companies that do offer a pre-payment option.
9. Disconnect electricity supply
9.1 We, the network company and the meter company can disconnect the electricity supplied to your property and end these terms and conditions if any of the followings occur;
you failed to pay an invoice or part of an invoice (for not being an estimated amount unless we reasonably believes that it is fair and reasonable in the circumstances to do so) relating to the corresponding supply of Energy, metering, or network services by the due date and you are not disputing liability for the unpaid amount using our Dispute Resolution Process.
you failed to meet your obligations and responsibilities under any of these terms and conditions.
for a planned or unplanned supply interruption
upon the network company’s request to end the supply connection
9.2 Disconnection notices will be sent to the address (which a physical or electronic) you have given us. We will give you at least 7 Working days notice prior to taking further action. We will take a reconnection action as soon as you paid us the full amount of your invoice.
9.3 The network company may take an action to disconnect electricity on your property if any of the followings occur;
you failed to meet the network company’s requirement.
you failed to give the rights of access to network company under these terms and conditions.
the network company has planned maintenance activities
you installed unauthorized equipment which is not met the Network Connection Standards.
9.4 In the event of default, we can amend these terms and conditions to let you switch over to another retailer accordingly. The event of default as defined under the Electricity Industry Participation Code 2010.
9.5 We will give you at least 7 Working dayss’ notice before we disconnect the supply of electricity to that property by sending a post to the physical address you have given us. We will give you also the final warning notice at least 24 hours before we intend to disconnect the supply of electricity to your property for non-payment. Electricity will be disconnected on a working day that is not a Friday or the day before a public holiday. Each notice will include the intended time frame within which disconnection will take place and information on the charges you will have to pay for disconnection and reconnection, and you need to prevent disconnection by following steps.
9.6 We will reconnect your electricity supply once you have satisfied the requirements for reconnection as soon as reasonably practicable. You need to provide a proof of payment of outstanding balance which you owed to us. Or make an agreement on a payment arrangement with us which you owed to us. We may charge disconnection and reconnection fee. You can check our current fee for reconnection and disconnection by visiting our website (www.stackenergy.co.nz).
10. Termination of Stack Energy service
10.1 If you want us to stop supplying electricity service to you, you should send us a notice at least 3 Working days before the date you want to finish. We will cease supplying electricity service as soon as reasonably practicable following your notice of termination then a final invoice will be issued within 10 Working days after the date you requested.
10.2 If you want to switch to another electricity retailer, we will work with you to facilitate the switch and terminate your supply in accordance with applicable regulations and industry standards.
10.3 If you are moving out of your property, you must inform us 2 Working days in advance to comply with applicable regulations and industry standards as at the date of these terms.
10.4 You must give us a prior notice to terminate or move into another place. Otherwise you will need to pay for all electricity supplied to your property until the date of the actual termination date.
10.5 If you signed up through uninvited sales including telemarketing or door to door sales campaign, you have a right to cancel the application within 5 Working days from the date you receive the confirmation of service letter from us via email.
10.6 In the event of default as under the Electricity Industry Participation Code 2010, the Electricity Authority can require us to provide information about you. We can transfer that information and all or any part of our rights and responsibilities under these terms and conditions to another Electricity retailer. We, Electricity Authority, or another Electricity Retailer will provide you the contact details for the assignee or transferee, and notify the date on which the assignment or transfer will take effect. The terms of the assigned contract are subject to the provisions of the Code.
10.7 If we have or are likely to have a receiver, liquidator, administrator, or other similar officer appointed, we will take all reasonable steps to ensure that the continuity of electricity supply
11. Privacy
11.1 We comply with the Privacy Act 1993 by holding, using, disclosing and dealing with your personal information in accordance with our privacy policy which is available on our website.
12. Liability
12.1 We will not be liable to you for any loss or damage you may suffer unless, and to the extent that, that loss or damage is direct loss of or damage to your physical property due to you breach of our terms and conditions.
12.2 If we damage property which was reasonably foreseeable we will pay the costs of repairing the damage or replacing damaged property up to a maximum of $10,000 for any single event or series of closely related events.
12.3 If you damage any of our property or equipment or any metering components or associated equipment we may require you to pay the reasonable cost of repair or replacement of them up to a maximum of $10,000 for any single event or series of related events.
12.4 You acknowledge that beyond our control includes: acts of God, war, terrorism, riot, industrial action, malicious damage, network failure, equipment failure or default by you or any other service provider or third party, accident, we cannot be held liable for interruption to supply electricity and associated products and services provided to you under this terms and conditions. Also under the same clause of beyond our control, you may not claim the benefits when you have failed or delayed in performance of your obligation to pay money to us under this terms and conditions.
13. Dispute & Complaint
13.1 You can contact us for any dispute or complaint via email (info @stackenergy.co.nz) or website (www.stackenergy.co.nz) if you think that we have failed to meet our performance commitments.
13.2 We will endeavour to respond within 2 Working dayss from the submission date and resolve it within 7 Working days.
13.3 We, as an electricity retailer, are not responsible for physical electricity connection up to your property and any dispute or complaint about the physical connection will be referred to the right party. We will ensure that your dispute or complaint delivered to the right party and follow up with them until it gets settled. Due to the nature of dispute and complaint, you may be asked to contract the right party to lodge the case to them directly.
13.4 We will do our best to resolve your complaints as soon as reasonably practicable but it could take up to 20 Working days.
13.5 If we failed to settle or advise you about further steps towards your submitted dispute or complaint within 20 Working dayss, We are a member of the Utilities Disputes Scheme and will deal with any complaints you have in relation to your energy supply in accordance with the requirements of the Scheme;
Utilities Disputes Ltd
www.utilitiesdisputes.co.nz
0800 22 33 40
info@utilitiesdisputes.co.nz
14. Changes of terms and conditions
14.1 ou cannot transfer any of your rights and obligations under these terms and conditions to any other person.
14.2 We have the right to vary the terms and conditions of the contract with one months’ notice to you.
14.3 The price may vary due to any increase in the price of any product/service supplied under the contract. The change on our pricing plan under these terms and conditions. We will provide that if the increase in a fee or service charge or the total invoice price of the electricity supplied is more than 5% (and, in the case of a fee or service change, the increase is reasonably likely to have a material effect on consumers) then a separate notice of the increase will be individually communicated to you in writing as soon as possible. This notice will be sent via email with the reasons for the changes and update on our website (www.stackenergy.co.nz).
14.4 If we change any currently offered alternative payment mechanism, we will give you reasonable notice and adequate information to explain the changes to you one month prior to the commencement date via email.