Terms & Conditions for Retailers

These Terms & Conditions For Retailers apply equally to each Electricity Retailer in New Zealand (each being a Retailer) that accesses information supplied by Save A Watt New Zealand Limited (Saveawatt). The intention of these Terms & Conditions For Retailers is to create open and transparent “Rules of the Game” under which each Retailer’s obligations with respect to Saveawatt, each other Retailer and the consumers of electricity in New Zealand are set out in a clear and unambiguous manner. In this way, each Retailer knows that each other Retailer is bound by the same Terms and Conditions in order to ensure a fair and equal playing field.

These Terms & Conditions shall not prevail over a Retailer Services Agreement between Saveawatt and a Retailer.
The Retailer must act and operate with each Competitor and Saveawatt in good faith.
The Retailer acknowledges that Saveawatt is an authorised agent of Saveawatt’s Customers for the purposes set out in 11.32E of the Electricity Industry Participation Code 2010.
The Retailer is entitled to Switch or Retain a Saveawatt Customer within two Business Days of receiving an Acceptance Notice and/or Retention Offer subject to:
1. The Retailer agrees to not Switch a Saveawatt Customer unless that Saveawatt Customer:
  1. is party to Fixed Term Contract where the term of such Fixed Term Contract has ended or will end within two Business Days; or
  2. has last Switched or Retained utilising the Saveawatt Platform at least six months ago.
2. The Retailer agrees that if they do not act to Switch or Retain the Saveawatt Customer with two Business Days of receiving the Acceptance Notice and/or Retention Offer the Retailer shall be deemed to have rejected the relevant Acceptance Notice and/or Retention Offer and the Retailer shall lose any rights to Switch or Retain the relevant Saveawatt Customers.
All correspondence between the Retailer and a Retailer A Customer relating to a Switch or Retention is to be directed to retailersupport@saveawatt.co.nz.
The Retailer and Saveawatt agrees that, as a minimum, the following information with respect to a Retailer A Customer is required from Saveawatt to allow the Retailer to action a Switch or Retention:
1. the ICP Number;
2. the relevant bill payer’s postal address;
3. the relevant bill payer’s name;
4. the bill payment method (i.e., credit card details, direct debit details or customer initiated payment into the Retailer’s nominated bank account);
5. drivers licence details if available;
6. customer contact details
7. confirmation if anyone in the relevant household is a Medical Dependent;
8. confirmation if anyone in the relevant household is Vulnerable;
9. whether the relevant household has electricity bundled with mains gas;
10. Payment plan to which they have been offered including plan name, plan type and pricing details
  provided that the Retailer and Saveawatt may agree in writing that further information is required from time to time.Given the nature of the information, it will be transferred in a secure method to the nominated email address of the Retailer and will require password identification for access.
Should a Retailer A Customer wish to pay Retailer’s power bills by credit card, the Retailer will accept payment authorities of the Retailer A Customer advised to the Retailer by Saveawatt in a PCI compliant manner. These payment authorities (which shall include credit card details) must be securely stored and transferred with a PCI compliant organisation outside of Saveawatt. Should the Retailer A Customer cease to be engaged by the Retailer for the provision of electricity services, the Retailer undertakes to cease acting on any such payment authorities.
Should a Retailer A Customer wish to pay the Retailer’s power bills by direct debit, Saveawatt will supply, and the Retailer will accept, the direct debit details of Retailer A Customer’s nominated bank account which the Retailer shall be able to use to withdraw payments. Should the Retailer A Customer cease to be engaged by the Retailer for the provision of electricity services, the Retailer undertakes to cease acting on any such payment authorities.
The Retailer will not use the Saveawatt Platform to identify Saveawatt Customers to market to and seek to acquire outside of the Saveawatt Platform.
The Retailer will submit a Notice of Withdrawal file to the Registry within one Business Day if requested to do so by either Saveawatt or the Customer.
The Retailer can offer fixed term contracts up to a maximum term of 24 months.

Schedule 1: Definitions

In these Terms and Conditions, unless the context otherwise requires:

Acceptance Notice means the confirmation from Saveawatt to the Retailer that it has won the right to Switch or Retain a Customer;

Acquisition Offer means an offer of electricity services from a Retailer;

Business Day means any day of the year other than a Saturday, a Sunday, a New Zealand public holiday;

Competitor means an Electricity Retailer that forms part of the Retailer Community and who may or may not directly or indirectly compete with other Retailers;

Electricity Retailer means a person or corporate who, or which, is carrying on any business whose purpose is as a “retailer”, (as that term is defined under the Electricity Industry Act 2010), and is registered as an “industry participant” (as that term is defined under the Electricity Industry Act 2010) on the register of industry participants maintained by the Electricity Authority under section 27 of the Electricity Industry Act 2010;

Fixed Term Contract means a fixed term contract for the supply of electricity services under which terminating such contract prior to the end of the term of the contract will incur break costs payable by the relevant Saveawatt Customer;

Notice of Withdrawal means a message to the Electricity Authority Registry to request the withdrawal of a switch that has been initiated by the Retailer;

Registry has the meaning set out in the Electricity Industry Participation Code 2010;

Retailer Community means the Retailer and each Competitor;

Retailer A Customer means a Saveawatt Customer that has engaged the Retailer for the provision of electricity services;

Retention means each occurrence of a Saveawatt Customer accepting a Retention Offer and Retained and Retain shall be construed accordingly;

Retention Offer means an offer of electricity services from a Retailer delivered to Saveawatt using the Retailer’s authorised login to the Saveawatt Platform for the purposes of Retaining a Retailer A Customer that Saveawatt has advised the Retailer is no longer on the best electricity plan;

Saveawatt Customer means a Customer that has agreed to the Saveawatt Customer Terms and Conditions;

Saveawatt Customer Terms and Conditions means the terms and conditions agreed to by Saveawatt Customers, as amended from time to time;

Saveawatt Platform means the Saveawatt Customer Switching Platform, and any other services, provided to Energy Retailers by Saveawatt for the purpose of assisting an Electricity Retailer acquire or retain customers;

Switch means the occurrence of a Saveawatt Customer changing from one Electricity Retailer to another Electricity Retailer with the assistance or involvement of Saveawatt or the Services (i.e., following the acceptance of the Acquisition Offer) and Switched shall be construed accordingly;