Terms and Conditions
These are the Terms and Conditions that apply to the Sale of Utility Agreement for the provision of utilities to the Supply Address and is between you (“The Customer”) and the Exempt Seller. EON has been appointed to manage the supply of Utilities to your Supply Address by the Exempt Seller.
The Agreement commences on the Supply Start Date stated in the Agreement Details above, or the date that EON becomes responsible for the supply of utilities for the Embedded Network for the Supply Address.
Exempt Seller
1. The Customer acknowledges that EON is acting as agent for the Exempt Seller and will not make any objection regarding EON’s right to enforce this agreement on behalf of the Exempt Seller.
2. Blank.
Agreement
3. The Agreement consists of:
3.1 the Sale Of Utilities Agreement;
3.2 these Terms and Conditions;
3.3 the Welcome Pack; and
3.4 any addendum or appendix we provide to you from time to time that is stated to form part of this Agreement.
4. The Sale Of Utilities Agreement specifies you as the “The Customer” (“you”). By completing the Sale Of Utilities Agreement:
4.1 You agree to enter into an Agreement for the Sale Of Utilities at the Supply Address on these Terms and Conditions; and
4.2 you acknowledge and give your consent to these Terms and Conditions.
5. Where more than one person has filled out and signed the Agreement Details, each of them will be jointly and severally liable under this agreement.
Commencement and Termination of the Agreement
6. The Customer applies for the supply and Sale Of Utilities to the Supply Address from the Supply Start Date.
7. This Agreement will continue unless one or more of the following occurs:
7.1 EON gives the Customer at least 30 days’ notice that EON intends to terminate this Agreement, in which case the Agreement will terminate on the expiration of that notice period.
7.2 The Customer notifies EON in writing, with at least 5 Business Days’ notice, that the Customer wishes to terminate the Agreement and supplies a forwarding address for the final invoice. If a forwarding address and/or 5 Business Days’ notice is not provided, the Customer agrees that any further fees or charges incurred during that period will be the Customer’s responsibility until such time that the Customer gives EON 5 Business Days’ notice.
7.3 The Customer fails to make payment of an invoice by the due date, EON serves a reminder notice, and disconnection warning on the Customer and the Customer still fails to pay the amount due within 6 Business Days after delivery of the disconnection warning. In this event, EON may disconnect the service and require a new Agreement.
8. Following termination of this Agreement we may continue to sell or distribute the utility to you on the same terms as these Terms and Conditions until we enter into a new agreement (whether with you or someone else).
Rates, Charges and Fees
9. The Customer agrees to pay EON, or its representative, all rates, charges, fees, and Network Charges for the supply of utilities to the Supply Address and further agrees that EON may modify the rates at any time with notice being given to the Customer. Fees and charges may change at any time. For current fees and charges please refer to our website, www.EnergyOn.com.au/fees-and-charges/.
10. A Connection Fee may apply and will appear on the first invoice to cover administration and other costs. A Disconnection Fee may apply and will appear on the final invoice to cover administration and other costs.
11. EON may charge and the Customer will pay, the Connection Fee, the Disconnection Fee, an Admin Fee for the provision of paper invoices and Disconnection Charges, Reconnection Charges and/or After Hours Reconnection Charge that result from the Customer‘s non-payment of invoices issued by EON.
12. The Customer agrees that EON will invoice the Customer using actual meter reads on a periodic invoicing cycle or, in the absence of actual meter reads, on historical data available at that time, for the fees and charges associated with the Customer’s usage at the Supply Address, to be paid within 14 Business Days from the date of the invoice.
13. The Customer understands that in the event that the Customer fails to pay an invoice or otherwise fails to comply with this agreement the Customer may be liable to EON for fees and charges incurred by it in connection with dishonoured payments, late payment fees, debt collection agency fees and the like. Any such fees or charges will be fair and reasonable having regard to the costs incurred by EON.
14. The Customer acknowledges that EON may take whatever action is permissible under the relevant jurisdictional regulation or code if the Customer fails to pay for the supply of energy to the Supply Address which may include disconnection of the supply of utilities to the Supply Address.
15. EON may disclose information about the Customer to any credit reporting body, including to obtain a consumer/commercial credit report about the Customer, or to allow a credit reporting body to create or maintain a credit information file containing information about the Customer listing defaults. EON may exchange information about the Customer with other credit providers in accordance with the Privacy Act. Further information about the way EON collects, uses and discloses information about the Customer is contained within the Privacy Collection Statement and Statement of Notifiable Matters in the Welcome Pack, and within EON’s Privacy and Credit Reporting Policy available at EnergyOn.com.au/customers/policies/.
16. The Customer hereby authorises EON to contact the Customer’s Leasing Agent or other parties to release information in order to contact the Customer if the Customer has vacated the Supply Address without paying the final invoice and agrees that this will not be a breach of the Customer’s rights, if any, to privacy.
17. If any tax or fee is imposed by the Federal or State government, the price of the utility will be adjusted to include such tax, fee or similar charge.
18. Amounts payable under this Agreement may be stated to be exclusive or inclusive of GST. Where an amount is not stated to include GST and is payment for a “taxable supply” as defined for GST purposes, to the extent permitted by law, that payment will be increased so that the cost of the GST payable on the taxable supply is passed on to the recipient of that taxable supply.
Changes to the Agreement
19. EON may make changes to this Agreement from time to time or as required by law and will notify the Customer of such changes. This notice may be included as a statement in your invoice. If the Customer does not accept such changes the Customer must contact EON to close the Customer’s account and must pay any outstanding balance required to close the account.
Life Support
20. You must notify us if there exists a requirement to maintain supply to the Supply Address for Life Support Equipment. You must keep us updated if the requirement to maintain supply for Life Support Equipment no longer exists.
21. You consent to us using and disclosing information disclosed under clause 20. for purposes connected with the provision of electricity services to the Supply Address and otherwise complying with our regulatory obligations regarding Life Support Equipment.
22. If you give us notice under clause 20. you will be a “Life Support Customer” for the purposes of this Agreement and we will comply with any information and notice requirements or other obligations relating to Life Support Customers under the various electricity rules, laws and codes.
Power Of Choice (Only applicable where electricity is the utility)
23. The Customer has the right to purchase electricity from a Retailer of the Customer’s choice. Changing Retailer may require changes to your electricity meter and billing arrangements. It is EON’s responsibility to ensure that your access to a Retailer of your choice is not impeded by any network configuration or metering arrangements.
24. You will pay for all costs and charges relating to the purchase of electricity from a Retailer where applicable.
25. The Embedded Network Manager (ENM) will be responsible for coordinating your access to other Retailers. EON is the appointed ENM and can be contacted by telephone on 1300 323 263 or email: ENM@EnergyOn.com.au
26. If you choose to purchase electricity from a Retailer of your choice, you should:
26.1 advise the nominated Retailer that the Supply Address is connected to an Embedded Network; and
26.2 That you require an “Energy Only” quote; and
26.3 contact EON and give notice.
Network Services (Only applicable where electricity is the utility)
27. If you enter into a contract with a Retailer for the sale of electricity, EON may still need to charge you for Network Charges as a customer being physically supplied electricity through the Embedded Network under the Electricity Laws under and in accordance with the Network Services Agreement (except to the extent that doing so would be contrary to any obligations imposed upon us under applicable Electricity Laws).
28. The collection of the Network Charges may be done under a contract between EON and your new Retailer or, if that cannot be arranged, you will pay us those amounts under the Network Services Agreement where you are not separately making payments to your new Retail Licence for the Network Charges. You must provide us with all information and assistance reasonably required by us to ensure that all payments for the Network Charges you make to the relevant Retailer are passed on to us.
29. We reserve the right to invoice you directly under this Agreement for the Network Charges at any time by issuing you an invoice or including them in an invoice issued. You will be liable to pay us for all Network Charges included in any invoice issued. You will not be liable for any Network Charges for which a previous customer at the Supply Address is liable.
Complaints Handling
30. EON has an easily accessible complaints process should something go wrong. If you wish to dispute an invoice relating to the supply of utilities or lodge a complaint about any other matter relating to the supply of utilities under this Agreement, the Customer may lodge the complaint with EON. EON’s Complaint Handling and Dispute Resolution Policy is published on EON’s website EnergyOn.com.au/customers/policies/.
31. The Customer agrees to pay any amount not in dispute.
32. You may have the option to contact the Energy & Water Ombudsman in your state or territory at any time for independent advice and assistance. Their contact details can be found in EON’s Complaints Handling Policy published on the Website.
Meter Access, Use, Works and Ownership
33. The Customer must provide unhindered and safe access to the meter at the Supply Address at all times for EON’s contractors or agents so that they may access the electrical meter or similar equipment for the purposes of reading the meter to measure supply of utilities or for maintenance, repair and/or repossession. Failure to provide access to the meter at the Supply Address can result in invoices being issued on an estimation basis and could further result in a disconnection of utilities.
34. The Customer will not use the Utilities supplied to the Supply Address illegally and will not obtain Utilities fraudulently or for fraudulent purposes.
35. The Customer will not action works on, tamper with or in any way alter any meter, wiring or conduits installed in the Supply Address or associated with the Supply Address.
36. The Customer acknowledges that the ownership of all metering equipment remains the sole property of EON, the Exempt Seller or other related party and hereby grants the right for EON, an EON contractor or agent acting on behalf of EON to enter the Supply Address for the purpose of maintenance, repair and repossession of such equipment.
Indemnity
37. To the extent permitted by Law the Customer releases and indemnifies EON and its representatives, employees and agents, both for itself and as agent for the Exempt Seller (and therefore the Exempt Seller itself) and will keep each of them indemnified, and held harmless against any Unfortunate Events. (The National Energy Retail Law excludes EON’s liability for any loss or damage arising from an Unfortunate Event regarding the supply of utilities). Unfortunate Events includes, but is not limited to, total or partial failure to supply Utilities to the Supply Address, and any loss or damage the Customer suffers as a result of the defective supply of utilities to the Supply Address.
Supply of Electricity (Only applicable where electricity is the utility)
38. The supply of electricity to the Embedded Network is the responsibility of the Local Network Service Provider and we cannot control the quality, voltage, frequency or security of the electricity supply delivered to and on the Embedded Network. The supply of electricity to and on the Embedded Network may be subject to variations in voltage and frequency and may contain voltage surges and dips, including as a result of accidents, emergencies, weather conditions, vandalism, system demand and the actions of the Local Network Service Provider. Except to the extent required by law, we do not guarantee the quality, voltage, frequency or security of the electricity supply, and we make no representation to you about the conditions or suitability of the electricity supplied under this Agreement, its quality, fitness for purpose or safety.
General Provisions and Interpretation
39. If EON or the Exempt Seller is unable to comply with any obligations under this Agreement due to any event which is beyond their reasonable control (such as a natural disaster or a problem with supply or the distributor) (“Force Majeure Event”) the obligations of EON, the Exempt Seller and the Customer shall be suspended (except the obligation to pay any money owing) until such time as the Force Majeure Event ceases and in the meantime EON will use reasonable endeavours to remove or reduce the effects of the Force Majeure Event and will advise the Customer when this occurs.
40. In these Terms and Conditions, headings and bolded text are for convenience only and do not affect the interpretation of the Agreement.