Terms and Conditions

These are the terms and conditions of the legally binding contract for us to sell you hot water at the supply address, and for you to pay us for that hot water.

These terms and conditions set out our and your rights and obligations regarding that sale. A printable version is also available on our downloads page.

1. WE WILL SELL YOU HOT WATER

Smart Energy Systems will sell you hot water on these terms and conditions. You can use as much hot water as you want.

These terms and conditions allow us to turn off or reduce your hot water supply in some situations.

2. YOU WILL PAY THE STANDARD PRICES

2.1 You must pay us a standard price.

2.2 What are the standard prices?

There are two types of standard price: a price based on a LPG gas supply to the hot water plant and a price based on a Natural Gas supply to the hot water plant. A standard price can include a fixed component and a usage component that consists of a number of “steps”, where the cost of hot water changes depending on how much hot water you use.
The fixed component and the steps of the usage component can be viewed on our web site.
A standard price will be reviewed quarterly where the plant is an LPG gas fired plant or annually where the plant is fired by Natural Gas.
The standard price will also be reviewed when the prices under the maximum price permitted by the Gas Tariffs Regulations are increased.

3. WHICH STANDARD PRICE DO YOU PAY?

Your account will show which price you are paying.

4. YOU MUST ALSO PAY FEES

You must pay any fees that apply to you, in addition to the standard price. We can charge you the following fees:

[a] account application; and

[b]meter testing; and

[c] overdue notice; and

[d] final meter readings; and

[e] turning off your hot water in some circumstances; and

[f] turning your hot water back on in some circumstances; and

[g] removing or physically disconnecting the meter; and

[h] for replacing or physically reconnecting the meter.

[i] unallocated refunds*.

* this fee will be charged for resources in tracking down clients to refund their deposits for clients who vacated premises without requesting final reads. We will make contact via telephone, mobile, emails and in writing, and any other method/resources that we have available to endeavour to organise the refund of the deposit and the fee is an annual fee for follow up attempts annually. To cover these costs a $30.00 annual charge will be issued and deducted from the credit ammount.

We can charge other fees as well. These fees on our website.

5. WE CAN CHANGE THE STANDARD PRICES AND THE FEES

We can change any standard price or fee, and add new fees or remove fees, from time to time. When we do so, we will publish the changed price or fee, or the new price or fee, and the date from which the change commences on the invoice and on our website. The price or fee will change on the published date.

6. HOW WE CALCULATE THE AMOUNT OF HOT WATER YOU HAVE USED

6.1 Metering - The meter measures the volume of hot water you use. The reading on your meter is conclusive evidence of the volume of hot water you have used, unless there is a metering inaccuracy. If we find that the meter is inaccurately measuring the volume of hot water you use, we can change the meter.
There is no fee for this change.

6.2 Meter Test - You can ask to have your meter tested, to ensure it is measuring accurately. If it is measuring accurately, you must pay a meter testing fee. If it is not measuring accurately we will either repair or replace the meter.
There is no fee for repairing or replacing an inaccurate meter, unless you have damaged or interfered with the network equipment.
We will try to respond to your request for a meter test within 7 business days.

7. WE CAN BASE YOUR ACCOUNT ON ESTIMATES OF YOUR HOT WATER USE

If the information we need to prepare an accurate account is not available in time for example, if we haven’t been able to access your meter to read it or you fail to give us notice under clause 16 ‘Moving out of the supply address’], we can use estimates of the volume of hot water you use.

If we use estimates:

[a] we will say on your account that we have done so; and

[b] we will try to base our estimate on the volume of hot water you have used in the past; and

[c] when accurate information becomes available, we will [if necessary] include a correction in your next account so that you are not overcharged or undercharged unless the estimate was used to produce a final account.

Wherever the contract refers to a meter reading, it includes an estimation under this clause.

8. HOW WE WILL ACCOUNT YOU

We can decide how often we account you. It will normally be either approximately once every month, or approximately once every three months. Your first account will indicate which of these applies. We can change how often we account you.

Each account will show:

[a] the supply address to which the account relates and your account number; and

[b] the dates of the meter readings which start and end the accounting period; and

[c] the meter reading or estimated meter reading at the end of the accounting period; and

[d] the volume of hot water you used during the accounting period; and

[e] the number of units of hot water you used during the accounting period; and

[f] the price or prices which applied to you for the accounting period; and

[g] any other fees, charges or adjustments [for the accounting period and also outstanding from previous accounts];

[h] the interest rate we have charged on any outstanding amounts; and

[i] the amount payable or in credit for the accounting period (taking all the above into account); and

[j] the due date, which will be at least 14 days after the date of the account.

9. PAYING YOUR ACCOUNT

9.1 You must pay your account - For each account, you must pay the full amount payable by the due date. We will give you options as to how you pay your account. The account will show the options available.

9.2 If you don’t pay your account  - If you don’t pay the full amount payable by the due date:

[a] we can charge you interest on the amount you haven’t paid; and

[b] we can turn off your hot water; and

[c] we can charge you a fee for each overdue notice we send you.

If you pay by cheque and the cheque is dishonored or reversed [these are often called “bounced”], and as a result we have to pay bank fees, you must reimburse us for those fees and also pay us an administration fee. If you still haven’t paid your account in full after 2 overdue notices, we can refer your debt to a debt collection agency or our solicitors. If we do, you must pay all costs and disbursements incurred by us in pursuing the debt including legal costs on a solicitor and own client basis and all our collection agency costs.

9.3 If you are having trouble paying - If you can’t afford to pay your accounts, you should let us know as soon as possible. You can write to us, call our Customer Contact Centre, or email us. Our contact details will appear on each account.

We will then offer you:

[a] the option of paying by installments; and

[b] the option of getting us to redirect your account to a third person; and

[c] Information about Government assistance programs; and

[d] Information about independent financial counseling services.

9.4 Interest rate - The interest rate you pay may be charged on amounts you haven’t paid us will be the standard interest rate we publish for customers paying the standard price you pay. We can change the standard interest rates from time to time, and when we do we will publish the change.
The interest rate will be 3 percentage points above the quoted rate for a one month bank account quoted by one of the Commonwealth Bank of Australia, Australia and New Zealand Banking Group Limited or National Australia Bank Limited.

10. IF WE UNDERCHARGE OR OVERCHARGE YOU

10.1 Undercharging - If we undercharge you because of an error, including a metering error, then we can ask you to make a correcting payment, but:

[a] the correcting payment will only relate to errors for [at most] the 12 months before your most recent account;

[b] we will show the correcting payment as a separate item in your account, with an explanation; and

[c] we will not charge you interest on the correcting payment. If you ask us, we will [on certain conditions] agree that you can pay the correcting payment by installments. We will not charge you interest on these instalments.

10.2 Overcharging - If we overcharge you because of an error, including a metering error, then:

[a] we will tell you within 10 business days after we discover the overcharging; and

[b] we will give you a correcting refund; and

[c] we will not pay you interest on the correcting refund. In the case of a metering error, the correcting refund will only be for [at most] the 12 months before your most recent account.
You can choose whether we make the correcting refund as:

[i] a credit to your account; or

[ii] a payment to you; or

[iii] a payment to someone else [if you tell us who, in writing].

11. THINGS YOU MUST TELL US

You must tell us as soon as possible:

[a] if there is a change in the person responsible for paying your accounts; or

[b] if there is a change in your accounting address or contact details; or

[c] if you change something at the supply address which makes our access to the meter more difficult; or

[d] if you are planning a change to your equipment which might affect the quality or safety of any hot water supply to you or anyone else; or

[e] if you become aware of any hot water leak or other problem with the network equipment, at or reasonably close to the supply address.

12. THINGS YOU MUST NOT DO

You must not tamper with or bypass the meter, or allow anyone else to do so. You must not, without our permission, turn your hot water back on at the meter if it has been turned off.

13. NETWORK EQUIPMENT AND YOUR EQUIPMENT

The meter and pulse cabling which may be accessible at each apartment belongs to our network equipment. We will inspect and look after our network equipment. Everything else (other than the boiler and communications equipment in the plant room/communications room) is not our equipment. You must not let anyone other than our representative’s work on our equipment. You must protect network equipment from damage and interference. You must not use hot water in a way that interferes with network equipment or with the supply of hot water to anyone else, or in a way that causes loss to anyone else.

14. YOU MUST GIVE US ACCESS TO THE SUPPLY ADDRESS

You must let us have safe and unrestricted access to the supply address when we need it:

[a] to read the meter; or

[b] to inspect or work on any network equipment; or

[c] to turn off your hot water supply if we think it necessary; or

[d] to inspect your equipment [although we are under no obligation to do so]; or

[e] [at any reasonable time] for any other reason having to do with the contract.

[f] You hereby authorise any Body Corporate where the supply address is located and its agents, managers and representatives and any property manager or other persons controlling access to the suppy address to do all things which may be necessary to provide us with access to the suppy address for any purpose set out in this clause 14, and you release and discharge any party providing us with such access from all claims, demands and liabilityof any kind arising out of that party providing us with access as set out herein.

We must give you at least 24 hours notice before coming onto the supply address, except:

[i] for a routine meter reading, or

[ii] in an emergency; or

[iii] if we suspect hot water is being used illegally at the supply address [for example if we suspect that you are bypassing your meter].

[iv] if it is necessary for us to turn off your hot water supply as a consequence of your failure to pay your bill.

A person coming onto the supply address on our behalf must show you, if asked, identification that he or she is our agent.

15. MOVING INTO THE SUPPLY ADDRESS

15.1 New hot water connection - We will charge you for hot water from the date we turn hot water on at the supply address.

15.2 Existing hot water connection - We can ask you to pay for all hot water used at the supply address since the final meter reading was taken when the final meter reading is taken. If we don’t do a final meter reading on the day the previous person moved out, we will estimate how much hot water you used and how much the previous customer used.

We will try to share the cost of hot water between you and the previous customer:

[a] so that each of you pays a fair share; and

[b] so that we don’t overcharge or undercharge you.

             15.3 Security Deposits - When you open your hot water account with us, we will require payment of $150.00 as a security deposit as security that you will comply with all of the terms of this agreement            (Smart Energy Systems Hot Water Supply – Standard Terms and Conditions). If you fail to comply with the terms of this agreement, we may be able to keep this security deposit to offset any unpaid monies owing. If you have complied with all terms of this agreement your Security Deposit will be offset against your closing balance on account finalisation, and any balance refunded..

16. MOVING OUT OF THE SUPPLY ADDRESS

If you move out of the supply address you must:

[a] give us at least 3 business days’ notice; and

[b] give us an address where the final account can be sent.

We will make a final meter reading and then issue you with a final account. Your final invoice or notice of refund will be processed within 2 business days. We may offset a Security Deposit received from you against your closing balance and may also apply a refund as required subject to you meeting the requirements of clause 15.3 Security Deposits. We can charge you a fee for issuing a final bill. If we don’t read the meter on the day you move out, we will estimate how much hot water you used and how much the next customer used. We will try to share the cost of hot water between you and the next customer:

[i] so that each of you pays a fair share; and

[ii] so that we don’t overcharge or undercharge you.

If you give us at least 3 business days’ notice before you move out, we will not ask you to pay for hot water beyond the day you move out. If you don’t give us at least 3 business days notice before you move out, we can ask you to pay for hot water used at the supply address for up to 3 business days after we find out that you have moved out. If you are forced to move out [for example by eviction] with less than 3 business days notice, and you let us know immediately, we will not ask you to pay for hot water used at the supply address beyond the period of notice you were given.

17. IF THINGS HAPPEN BEYOND YOUR CONTROL

You must pay your account by the due date shown on the account, even if something happens which is beyond your control. Otherwise, if something beyond your control happens which makes you breach the contract:[a] you must tell us immediately; and[b] we will excuse that breach for as long as the thing beyond your control lasts.

18. IF THINGS HAPPEN BEYOND OUR CONTROL

If something beyond our control happens which makes us breach the contract, you must excuse that breach for as long as the thing beyond our control lasts. Because we don’t operate the gas distribution network one of the things which can happen beyond our control is that the operator of that network doesn’t transport gas. We will use our contract with that operator to try to make sure that this does not happen.

19. WE CAN CHANGE THESE TERMS AND CONDITIONS

We can change these terms and conditions. When we do so, we will publish the changed terms and conditions and the date from which the change commences. The terms and conditions will change on the published date.

20. WHEN WE CAN TURN OFF YOUR HOT WATER, AND WHEN WE WILL TURN IT ON AGAIN

20.1 Unpaid accounts - We can turn off your hot water if you haven’t paid your account for this supply address

[or any other address in respect of which you haven’t paid your account]

in full by the due date shown on the account or agreed to an alternative payment plan for the amount you owe us. If you agree to an alternative payment plan, we can turn off your hot water if you don’t keep to that plan. We can charge you a fee for turning off your hot water. We will turn your hot water on again when you pay the account in full or agree to an alternative payment plan. We can charge you a fee for turning your hot water back on.

20.2 Not giving us access to the meter (manual read) - We can turn off your hot water if you don’t give us safe and unrestricted access to the supply address to read the meter.

We can charge you a fee for turning off your hot water before we turn off your hot water for this reason, we will:

[a] try to access the meter on at least 3 separate days; and

[b] give you a written notice each time we can’t get access; and

[c] give you a chance to give us access by some other reasonable means; and

[d] try to contact you personally, by telephone or in writing; and

[e] give you a written disconnection notice 5 days before turning off your hot water. We will turn your hot water on again when you provide access to the meter. We can charge you a fee for turning your hot water back on.

20.3 Emergencies - We can always turn off your hot water without notice to you in an emergency, or if we need to do so to comply with a law. If we do, you can get information by contacting our 24-hour emergency line. Our contact details will appear on each account. We will try to turn your hot water on again as soon as possible. There is no fee for turning off your hot water or turning it back on in this case. Nothing in the contract limits our statutory powers in relation to emergencies and safety.

20.4 Health or safety reasons - We can always turn off your hot water for other health or safety reasons, but if we do:

[a] we will give you a written notice explaining what the health or safety problem is; and

[b] where we think it possible, we will give you up to 5 days to fix the problem, if we think it is a problem you can fix, and

[c] where we think it possible, we will give you a written disconnection notice up to a further 5 days before turning off your hot water.

We can charge you a fee for turning off your hot water if the problem is your fault or is in your equipment. We will turn your hot water on again when we are satisfied that you have fixed the problem. We can charge you a fee for turning your hot water back on if the problem was your fault or was in your equipment.

20.5 Legal requirement - We can turn off your hot water for a period of time without notice to you, if we are required by law to do so. If we do, or if we ask you to use less hot water or stop using hot water, you must do as we ask. We will do our best to turn your hot water on again as soon as possible. There is no fee for turning off your hot water or turning it back on in this case.

20.6 Planned maintenance - We can turn off your hot water when it is necessary for work on the hot water distribution network. We will try to give you at least 4 days’ notice. We will do our best to turn your hot water on again as soon as possible. There is no fee for turning off your hot water or turning it back on in this case.

20.7 Unauthorised use of hot water - We can turn off your hot water:

[a] if you commit a fraud relating to our supply of hot water to you at the supply address or any other supply address; or

[b] if you get hot water supplied to the supply address illegally; or

[c] if you get hot water supplied to the supply address in breach of the contract;

We can charge you a fee for turning off your hot water, and we can ask you to pay any reasonable costs we incur turning off your hot water. In addition, we can measure [or estimate if necessary] any units of hot water, which you haven’t paid for, and ask you, to pay for those units. We will turn your hot water on again when you have stopped obtaining your hot water in the unauthorised way, and have paid all amounts owing [or made an arrangement to pay them].

We can charge you a fee for turning your hot water back on. If we think you have used hot water illegally, we can tell the coordinator at the office of Mines and Energy and the Police

[as appropriate]

and give them any information we have in relation to your illegal use.

21. IF YOU HAVE BEEN DISCONNECTED, WE CAN REMOVE OR PHYSICALLY DISCONNECT THE METER

Whenever we turn off your hot water, we can remove the meter or physically disconnect the meter at the same time that we turn off your hot water, or at a later time. The fees we charge you for turning off your hot water and turning your hot water back on can include separate fees for removing or physically disconnecting the meter, and for replacing or physically reconnecting the meter.

22. THE TIME WHEN WE WILL RECONNECT YOU

We will try to meet the reconnection deadlines by the following:

If you ask us to turn your hot water back on by 10am on a business day, then we will try to reconnect it on that day. However if your request to reconnect your water is after 3pm on a business day then a reconnection may not occur until the following normal working day.

You may be liable for an extra fee to reconnect your hot water outside normal working hours. i.e. evenings or weekends.[If we have removed or physically disconnected the meter we won’t be able to meet these deadlines.]

23. PRIVACY ACT 1988

[a] You agree for us to obtain from a credit reporting agency a credit report containing personal credit information about you in relation to credit provided by us.

[b] You agree we may exchange information about you with those credit providers either named as trade referees by you or named in a consumer credit report issued by a credit reporting agency for the following purposes:

[i] to assess an application by you; and/or

[ii] to notify other credit providers of a default by you; and/or

[iii] to exchange information with other credit providers as to the status of your credit account, where you are in default with other credit providers; and/or

[iv] to assess your credit worthiness

[c] You consent to us being given a consumer credit report to collect overdue payment on commercial credit (Section 18K1h privacy act 1988).

[d] You agree that personal credit information provided may be used and retained by us for the following purposes as shall be agreed between you and us or required by law from time to time

[i] provision of Goods;and/or

[ii] marketing of Goods by us, our agents or distributors in relation to the Goods; and/or

[iii] analyzing, verifying and/or checking your credit, payment and/or status in relation to provision of Goods; and/or

[iv] processing of anypaymentinstructions, direct debit facilities and/or credit facilities requested by you; and/or

[v] enabling the dailyoperation of your account and/or the collection of amounts outstanding on your account in relation to the Goods.

[e] We may give information about you to create or maintain a credit information file containing information about you.

24. CONFIDENTIALITY

We will keep confidential your information in accordance with the customer service code, except where:

[a] we have your prior consent; or

[b] disclosure is required to comply with any accounting or stock exchange requirement [such information disclosed will, as far as possible, be in an aggregated form]; or

[c] disclosure is required to comply with any legal or regulatory requirement, or in the course of legal or other proceedings or arbitration; or

[d] the information is in the public domain other than by breach of this clause; or

[e] we think you have used hot water illegally, and where we may give any information we have, in relation to your illegal use.

26. PROTECTION FOR US [EXCLUSION CLAUSE]

This clause means that you might not be able to get compensation from us for some losses you might suffer as a result of our actions. The effect of this clause may be limited by law, in which case it has effect only as far as the law allows. Despite anything else the contract says, and despite anything outside the contract, we will only ever be liable to you for direct damage. We will not in any circumstances be liable to you for indirect damage, including

[but not limited to]

[a] indirect loss; or

[b] consequential loss; or

[c] business interruption loss; or

[d] lost profits; or

[e] loss of an opportunity; or

[f] your liability to other people under contracts or otherwise.