Terms and Conditions
These terms and conditions set out the basis on which Megatel (a division of Nova Energy Limited) provides its services including but not limited to, broadband, telephone, mobile, IPTV, electricity and gas to residential and business customers.
Additional terms and conditions may apply specifically to the services that you use. If so, we will tell you what those terms are. We recommend you to read all of the terms and conditions, not just the general terms and conditions that are applicable to you. If there is any conflict between the general terms and conditions and the specific terms and conditions, the later will prevail.
We are not obliged to provide services unless we accept your application. We can decide on whether or not to accept any application.
We will be responsible for determining the manner in which the services are to be provided. For example, we may sub-contract other carriers to provide a part of, or whole service.
We will use all reasonable endeavours to make our services available to you at all times. However, our services rely on us using networks and services owned by third parties. As a result, we cannot promise that our services will always be available or fully functioning. If our services are unavailable for any reason, we will endeavour to restore the service as soon as we reasonably can. For any fault assistance, you can contact our Call Centre on 0800 634 283.
We can take any particular action or suspend our services at any time if:
- I. We consider it necessary to protect or maintain our network; or
- II. We believe that you have breached any of our terms and conditions.
If your services were suspended due to the breach on your end, network charges will still apply during the suspension and you will be liable to pay for a reconnection fee if the services are to be recommenced.
Our latest and up to date information regarding our current services can be found at www.megatel.co.nz.
From time to time, we may alter a service that we charge you which can materially affect you. In this case, we will give you as much notice as possible but no less than 10 working day, providing that you are readily identifiable.
Service charges are based on the service you have applied for and agreed upon, either via verbal contract or signed paper contract. We are entitled to issue the invoice for any additional charges that you have used, within six months from when the last invoice was issued. The additional payment is not limited to the service charges that was originally included in the issued invoice, but could also include fees caused by any calculation errors and/or fees that we have not included in the issued invoice during the regular internal audit process.
You must pay our charges for the services we provide to you, regardless of whether you or someone else has used those services. Under every circumstance, you must be aware of who is using your service and for what purposes. If any charges incur due to your negligence or unawareness from your premise or from your service, you will be liable for the additional charges.
We may change our charges from time to time. If we increase any of the charges which can materially affect you, we will give you at least 15 working days’ notice in advance. You can always check the latest prices and charges from our website, www.megatel.co.nz or by calling Megatel Customer Service team on 0800 634 283.
We will invoice you for the services we provide to you. We may carry your charges to the next billing period if your usage is below a minimum level.
- I. For broadband, landline, mobile and IPTV, the fixed charges (such as rental fee) are payable in advance and usage based charges (such as toll call charges) are payable in arrears.
- II. For electricity and gas, the charges are payable in arrears and calculated according to fixed rates (per day) and variable rates (per kWh).
If we change the frequency of your billing, we will give you at least 10 working days’ notice in advance.
You must pay each invoice by the due date of each month’s invoice.
If you do not pay any invoice within that time, we may:
- I. charge interest on your overdue amount from the due date until the date you pay, at the rate of 5% per month; and
- II. withhold any rebate, discount (e.g. prompt payment discount) or similar incentive which would otherwise be available to you; and
- III. suspend or restrict your service; and
- IV. contact debt collection agency to collect the outstanding debt; and
- V. recover from you all collections costs including Collection Agencies’ costs, legal costs on a solicitor; and
- VI. require you to put in place a direct debit payment arrangement for the overdue balance.
If you wish to raise a genuine dispute regarding an invoice from us, you must do so within 19 days from when the invoice was generated. We will consider any issues raised in good faith and will promptly advise you or any resolution or amendment to our charges if it is applicable.
Long term debtors can be transferred to credit managing companies such as Baycorp to be managed and will be liable for all the additional service charge in relation to collecting the debt. Those who have an outstanding balance for more than three months period will be subject to legal actions without any prior notice. Your information can be forwarded to the credit companies as per Clause 9 of this terms and conditions.
From time to time, we may at our discretion impose a credit limit on your account when we reasonably believe it to be necessary.
If you breach any term of this agreement and we incur costs as a result, then you must pay those costs if we require you to do so.
Using our service
You must not use our services in a way which:
- I. breaks any laws;
- II. infringes anyone's rights; or
- III. is malicious, obscene or offensive.
You must comply with any reasonable restrictions we impose or directions that we give at all time, regardless of whether you are our previous, current or future customers.
You must ensure that all the information you give us is correct. Where any of the information you have supplied us changes (such as contact details), you must provide us with the updated information as soon as possible. If a credit suspension or termination occurs as we were unable to contact you to advise of the suspension or disconnection as the contact details were not updated, you will be liable for the unsuspend or disconnection fee for your services, if the service is to recommence.
If Megatel fails to contact customers using the contact details provided by the customer, Megatel has a right to use the contact details specified as an alternative contact to request for an updated contract details of the account holder.
A Joint Account Holder has an equal responsibility to the account and has an ability to inquire, alter, and add or remove a service and/or account, and can be contacted about any aspect about the account, including for billing and payment purposes. A credit check is required for a new Joint Account Holder to be added to an account. To add a Joint Account Holder, both parties need to verbally consent. To remove a Joint Account Holder, the Joint Account Holder being removed needs to verbally consent.
Emergency contact person can be contacted for the updated contact details of the account holder but does not have any authority on the account to inquire, alter, add or remove a service and/or account.
Authorised person on the account is given authority by the account holder to inquire about the account but does not have an authority to alter and add or remove a service and/or account. Verbal consent needs to be gained from the account holder but credit check is not required. The authorised person needs to be over the age of 18.
For a business account, guarantor form is required by the director of the business to acknowledge that he or she is responsible for the account and any current payment or debt from the account. The guarantor then can set up an authorised person or an account manager to inquire about the account.
Subject to any term commitment, you must notify us 30 days in advance in accordance with clauses 5.1 and 8.1 below, if you wish to terminate any of your services.
You agree that we can act on any verbal instructions you give us in relation to your services, once you have been confirmed as the account holder.
To provide our services to you, we may from time to time install equipment and carry out works at your premises. If we do so, you must allow us and our contractors access when we reasonably require, (and you must obtain any necessary consents to such access) for the purposes of, but not limited to, installing, maintaining, monitoring and/or removing any equipment.
If you have agreed to use our service for a fixed contract term, then you must do so. If your service is terminated prior to the agreed fixed term, there will be Early Termination Fee which can vary according to the contract and the services that you have signed up for. You can check the Early Termination Fee from your application form you have received upon signing up with us. For services where there is no fixed contract term, or where the fixed term has expired, either of us can terminate the services by giving the other 30 days’ notice in advance. If you wish to terminate a service, you may do so through the “Support” section of our website or by calling into our Customer Service Team at 0800 634 283.
We can terminate this agreement or the provision of any service to you immediately, if you breach any term of this agreement or if we reasonably believe that you have supplied incorrect or misleading information to us.
If this agreement is terminated for any reason, you must still pay us for the services provided to you up to the date of termination. All charges are monthly basis and is charged one month in advance. If you terminate service(s) in the middle of a month, the monthly fee charged and paid in advance are non-refundable.
We (nor any of our officers, employees, contractors, or agents) exclude all of our liability to you in relation to our inability to provide services:
- I. if any communication you make is intercepted;
- II. if any communication you make is not properly transmitted or received;
- III. if any of our services is not available at any time or is faulty;
- IV. for any delay in commencing the provision of services that is beyond our control;
- V. if any third party mobile application and/or third party software does not operate properly;
- VI. for any error in any directory listing which we arrange with the directory listing company;
- VII. if your computer, mobile phone, tablet or any other electronic devices connected to the broadband service becomes affected by any virus or worm.
We are not liable to you for any fault in or non-provision of services which is caused by an event beyond our reasonable control.
If you use another service provider’s services during any time when our service is not fully operational, we are not liable to make payment toward any amount charged to you by that service provider unless previous arrangements have been discussed.
You acknowledge that no third party whose network or services we use to supply services to you (nor any officer, employee, contractor or agent of such third party) is in any way liable to you in connection with our services. This clause is intended to confer a benefit which those third parties can enforce.
Nothing in this clause limits any rights you have under the Consumer Guarantees Act.
Disconnecting or restricting services
All the products registered under an account are tied and are not independent from each other. If one product is suspended due to an overdue balance, this will impact the whole account status and the entire services within the account can either be restricted or be disconnected at the same time.
If you do not make the payment before the designated date or meet any responsibilities that you have with us, we may disconnect or restrict any or whole service at any time by giving you a notice in advance as we reasonably can. Any restriction or disconnection due to a credit reason or a breach to our terms and services, your service may be restricted or disconnected without a prior notice.
When we restrict a service, you will be able to continue using the services but on a restricted term and normal charges will continue to be applied in that case. Your services will continued to be charged until we receive any request for a termination.
If your service was disconnected for a credit reason or for a breach of conduct, your rental charges will not be applied but you may be subject to Early Termination Fee if applicable. A disconnection fee may also be applied, and you may have to pay a reconnection fee before you can use the service again.
We may also temporarily disconnect or restrict any service when we think it is reasonable or necessary, such as to protect our network. Billing for your services may not be ceased during these instances.
There is a suspension, activation, disconnection and re-connection fee for services that have been either restricted or disconnected due to a credit reason.
- I. $30 fee is charged per product to re-activate your broadband, landline, mobile and IPTV service once it has been suspended.
- II. There is a disconnection fee of $65 for each electricity and gas service disconnected for a credit reason.
Giving up or ending services
You may give up any of your services (where there is no fixed contract term, or where the fixed term has expired) by providing 30 days’ notice in advance and by calling into our Customer Service Team at 0800 634 283. Your commitment to these terms and conditions remains even after disconnecting your service and especially, if there is any unresolved commitment and debts. For example, if you are on an open term contract and terminate broadband, landline or mobile services including add-ons within the first full month, the applicable full monthly fees will be charged and are non-refundable.
We may decide to cease providing a particular service under special circumstances such as:
- I. if the service has been grandfather. In this case, we will provide a prior notice at least 30 days in advance, if there is material impact on you.
- II. if the service creates negative impact on our network, our services and for our other customers. In this instance, we may stop the service immediately, and advise you after the action has been taken.
Before we cease to provide a certain service, we will notify the impacted users one month prior to the full termination unless for the reasons stated above. This ensures that you will have a sufficient time to think about whether to accept our alternative option or change to another provider. You can use your full rights to terminate the service if our alternative options do not meet your expectations and in this case, termination fee will not be applied.
By applying to our service, you authorise that we can pass on your personal information to the credit reporting agencies for a credit check. You also agree that we may use the credit check information received from the credit reporting agencies to either proceed or cancel application.
You also agree that we may pass on your personal information to a credit managing companies and/or collection agencies if you do not meet your payment obligations and your account is in debts.
Any calls you make to us is recorded to verify information, for a quality assurance and for training staffs.
We do not ask you for your personal information through any methods outside of Megatel authorised channels such as our call centre, e-mail, txt services and Megatel website.
Any personal information we collect from you is kept at our database. You have a right to request for any information we hold about you. You can request us to amend any incorrect information or any details to be updated if required.
We will never sell our customers’ details to any third parties. Your information may be forwarded to our third parties who we affiliate to provide our services, in order to provide the service that you have requested for.
Changing these terms
We may change these terms from time to time by giving you 14 days’ notice in advance. We will inform you of the change by emailing or writing to you, or by providing relevant information on our website. Our latest terms and condition are available at www.megatel.co.nz. It is your responsibility to be aware of our latest terms and conditions and any changes made.
Except where you wish to terminate our services (in which case you must follow the procedure in clause 8.1), If you wish to notify us of anything you can do so by writing to us at email@example.com or by calling 0800 634 283. We may require you to confirm in writing of any request you give us by phone.
If we wish to communicate with you or notify you of anything, we can do so by post, phone, facsimile or email to the last known address or number we have of you.
If your contact details change, you must advise us of the new details as soon as possible. If you fail to update us on your latest contact details and we fail to reach you regarding credit suspension or termination due to this reason, we are not liable for any loss incurred or any fee in relation to credit suspension, credit disconnection or for reconnecting the services.
Supply of Equipment
We may from time to time supply equipment to you in connection with our provision of services to you. We do not own any ownership and rights to the equipment by other parties. You would need to follow the Terms and Conditions for these products separately in conjunction to our own Terms and Conditions, and we have no ownership rights to those equipment.
Any equipment supplied to you is specified in your application form and is acknowledge upon the submission of your application.
Upon terminating this agreement, any and all equipment not included in your promotion needs to be returned within 20 days of termination. If the item is not returned within a requested time, you must pay us the full cost of the equipment, which will be charged on your Megatel invoice and sent out to you. You must also meet any repair or replacement costs if the equipment is damaged, lost or destroyed, while it is under your control. This includes while the item is being returned to our office. Only in the case of a faulty Megatel supplied equipment that is within the warranty period, we will bear the cost of returning the equipment for a repair.
If requested by us, you will sign a document which identifies the equipment that we have supplied to you. You will also sign any other document and provide any other information which is necessary, for us to register a financing statement for the equipment we have supplied, under the Personal Property Securities Act.
This clause applies if we are providing internet access service to you.
Our ability to provide a broadband service depends on the service availability of your location and/or your property. We may be unable to provide a certain type of broadband service or even any, if a situation beyond our reasonable control prevents us from doing so.
If your broadband service disconnects due to any of the reasons set out in Clause 5 of our General Terms and Conditions, we will not reconnect your services until the whole overdue balance, and any additional fees incurred during the restriction and disconnection have been paid. You may discuss with our credit department for any payment arrangement but this needs to be arranged in time before any restriction, disconnection and/or re-connection of your service takes place.
When we restrict a service, you may be able to continue using the services but on a restricted term. Your broadband service will continue to be charged regardless of whether you were able to use our broadband service or not, until your broadband service is terminated.
You must not knowingly transmit any worms or viruses, and/or use our services in a manner which is likely to, or is intended to damage or compromise the security of our network or anyone else’s network.
You must use our service in a reasonable and responsible manner to ensure that your use of our service does not negatively impact our network, services and other customers.
We do not control the information that can be accessed through the Internet. Accordingly, we are not responsible for any inaccurate, illegal or offensive information which may be obtained from your use of our service to access Internet. We are also not liable for any viruses or other harmful codes and applications you download from Internet while using our service.
We may from time to time supply equipment to you for your broadband service. As the equipment is provided by the third parties, we do not own any ownership and rights of the equipment. You would need to follow the Terms and Conditions for these products separately in conjunction with our own Terms and Conditions.
Upon terminating your agreement, any and all equipment not included as per your promotion needs to be returned within 20 days of the termination. If the item is not returned within a requested time, you must pay us the full cost of the equipment.
If any of the equipment is damaged, lost or destroyed, you must meet any repair or replacement cost while it is under your control. This includes while the item is being returned to our office. Only in the case of a faulty Megatel supplied equipment that is within the warranty period, we will bear the cost of returning the equipment for a repair.
If you are on our “uncapped” or “unlimited” plan, the total amount of data you can upload and download is unlimited. However, we may use traffic prioritization policies on all of our plans to improve the overall performance for all of our customers.
Other factors may also influence particular speed or latency that you experience over national and international servers. Our control over the speed is limited to our own network. Connections to servers outside of Megatel network are on a ‘Best Effort’ basis and it may not be possible for you to achieve your desired or expected speed or latency when connecting to equipment outside out control.
If your broadband service is not an unlimited plan, it is your responsibility to check broadband usage to prevent any overuse data charge. The additional broadband data charge is $5 per 2GB. Please be aware that the data usage records on our website is not updated real time, and can have few hours delay.
We will use all reasonable endeavours to make our services available to you at all times. However, our services rely on us using networks and services owned by third parties. As a result, we cannot promise that our services will always be available or fully functioning. If our services are unavailable for any reason, we will endeavour to restore the service as soon as we reasonably can. For any fault assistance, you can contact our Call Centre on 0800 634 283.
In the case of planned network outage, we will advise you of the potential outage in advance, while for the unexpected network outage, we will advise you as soon as we reasonably can. For any cease of services due to an outage that is beyond our control, our responsibility is to fix the fault as soon as we reasonably can, but we will not be liable for any loss in regards to the broadband service.
There could be a loss of broadband service if you are impacted by the loss of electricity service, as your broadband equipment requires electricity to fully operate. Megatel is not responsible for a loss of broadband service due to the loss of electricity.
Our plan speeds are the maximum speeds at which you are able to send and receive data from our network. There could be issues beyond our control such as but not limited to, limitations on your broadband line and a distance from the router to your device. This may result in being unable to connect, or to send and/or receive data at these speeds.
We cannot guarantee that our broadband services will always be available or that they can always be utilised for any particular purpose. Internet speed will vary based on conditions and circumstances and cannot be guaranteed if below cases apply:
- I. when your Internet is connected via wireless connection and the device you are using or the wireless signal strength is below the recommended specifications. (Speed from wireless connection and via cable varies.)
- II. the quality of copper wiring and connections inside your property is substandard.
- III. your computer equipment, including but not limited to memory and disk space is insufficient in size.
- IV. heavy data traffic, download or P2P site is running on one of your devices.
If you change your address or your phone line needs to be changed, you will need to:
- I. provide us with a minimum of 10 days’ notice in advance of the moving of service to minimise service disruption; and
- II. cancel all current broadband services by providing minimum of 30 days’ notice to avoid unwanted charges.
Depending on the type of broadband service at the new address, there may be an installation fee to connect your services to a new line and property. We will not always be able to supply broadband services on the new line or to that new address. In this case, you can terminate our agreement for the provision of that service.
This clause applies if we are providing landline service to you. You will also be bound by the Megatel General Terms and Conditions and any other specific Terms and Conditions for the other Megatel services that you use.
Any phone number(s) that we allocate to you does not belong to you and will be returned to the system once your service has been terminated with us. You cannot sell or transfer your number to any other parties.
If you use our voice services, you cannot resell any services to another party. Our service can be used only for standard calling, which excludes activities such as auto-dialling, continuous call forwarding, telemarketing, Call Centre, fax or voicemail broadcasting. We reserve the right to immediately disconnect or charge our standard per minute rates, if in our sole discretion we consider that your activity is inconsistent with normal usage patterns.
You are liable to the charges incurred from your landline service including 0900 calls. If you do not make payment for 0900 call fees that have been charged to you or made from your phone through the Megatel networks, we may also at any time suspend or restrict your functions to make 0900 calls, or suspend or restrict any service we have provided to you.
We cannot guarantee a number until it is connected to our network. We advise you not to produce any materials with the number or publish the number until it has been connected and supplied to you. We are not liable for any loss or damage due to our inability to guarantee a number.
If we need to change your number, we will give you as much notice of the change as we reasonably can. If you request a number to be changed, we may charge you a fee to process this request.
If you wish to make your details available through Directory Assistance and/or in the Phone Book, please inform our Call Centre 0800 634 283. We will then forward your information to the third party responsible for this change, for this to be arranged. By providing us with the details, you authorise that we can use and forward your information to the third party company for this purpose. Subject to the terms of the Consumer Guarantees Act 1993, you agree that we (nor our officers, employees, contractors and agents) have any liability to you in connection with the directory assistance service or your phone book listing.
Your landline service will change to standalone service from bundled package with broadband if you terminate your broadband service for any reason. Standalone landline service fee will be charged on your monthly bill.
You are responsible to check your landline calling usage to prevent any toll call charges. Please be aware that the call records on our website is not updated real time and can have few hours delay.
While we take reasonable security precautions, due to the nature of telecommunications services we cannot guarantee the confidentiality of any calls or transmissions you make while using our services.
This clause applies if we are providing a Smart Hub service to you.
Your Smart Hub service can be provided to you as a single product or in conjunction with your broadband service as a part of your promotion.
For Web KoreanIPTV Terms & Conditions, please refer to its website www.koreaniptv.co.nz for more information.
As we rely on third party server, third party equipment provider and network to provide you with Smart Hub service, we cannot guarantee fault-free and continuous service. If there is any outage on your service, we will advise you as reasonably as we can. However, due to our inability to control third party equipment, server and systems, we will not be liable for any loss of the service.
If any of your Megatel service is in debt, your Smart Hub will also be impacted by the account status and therefore may be restricted or disconnected together with your service. We will not be able to reconnect or resume the Smart Hub service until the whole overdue balance has been paid off. When your Smart Hub service is restricted, the charges for the service will continue until the service has been fully terminated.
You must only use the Smart Hub service for the purposes originally set up for the device. Any damage to the device or the service will be liable to you.
There is a bond fee of $100 for the Smart Hub device for us to send out the equipment to you. The bond fee is returned upon termination only if the full component has been returned to us. If any of the component is missing, below charge will apply and be deducted from the bond fee.
- I. Smart Hub: $100
- II. HDMI: $20
- III. Remote Controller: $20
- IV. Power Adapter: $30
Upon terminating your agreement, Smart Hub and all of the components need to be returned to us for the bond fee return. If the item is not returned within the requested time, the bond fee will not be returned and the additional charges for the components will be charged to the final invoice.
Speed in which you receive services on Smart Hub will be depended on but not limited to the type of internet services that you use, location of the Smart Hub from your router and any other download programmes and activities running on any other devices.
In the case of planned network outage, we will advise you of the potential outage in advance, while for the unexpected network outage, we will advise you as soon as we reasonably can. For any cease of services due to an outage that is beyond our control, our responsibility is to fix the fault as soon as we reasonably can, but we will not be liable for any loss in regards to the Smart Hub service.
There could be a loss of Smart Hub service if you are impacted by the loss of electricity service, as your Smart Hub device requires electricity to fully operate. Megatel is not responsible for a loss of Smart Hub service due to the loss of electricity.
This clause applies if we are providing mobile service to you. You will also be bound by the Megatel General Terms and Conditions and any other specific Terms and Conditions for the other Megatel services that you use.
This agreement begins when we set up your connection to our service and make it available for your use, until it is terminated in accordance with the General Terms and Conditions and Mobile Terms and Conditions.
Coverage and Services
While we do our best to provide quality services, due to the nature of mobile telecommunications, it is impossible to provide a fault-free and continuous service. The quality and the coverage of the service depends partly on your mobile device, partly on our network, and partly on other providers’ and telecommunications’ networks to which our network is connected.
Coverage and services can adversely be affected by radio interference, atmospheric conditions, geographic factors, network congestion, maintenance, outages on other networks and provider sites, the configuration or limitations of your or your intended recipient’s, mobile device or other operational or technical difficulties. You may not receive some or all of the services in certain areas or at certain times due to this reason.
Coverage and Services can also change with network expansion or reconfiguration.
Fair Use Policy
Unlimited Minutes is for standard person-to-person calls to standard NZ numbers. Excludes premium and special numbers. Unlimited minutes cannot be used for multiple simultaneous calling, re-supply, call centre usage, telemarketing, bulk messaging, application-to-person communication, continuously call forwarding, auto-dialling, machine to machine communication (including by using the SIM card in any other device), Cellular Trunking Units (CTUs), or any other activity that we consider to be non-standard personal usage ("Prohibited Usage").
Unlimited text is for standard person-to-person texts to standard NZ numbers. Excludes premium and special numbers. Unlimited text cannot be used for "Prohibited Usage". Unlimited texts cannot be used for re-supply, call centre usage, telemarketing, bulk messaging, application-to-person communication, machine to machine communication (including by using your SIM card in any other device), Cellular Trunking Units (CTUs), or any other activity that we consider to be non-standard personal usage ("Prohibited Usage").
If we consider that you are engaging in Prohibited Usage, we may ask you to stop such usage. If such Prohibited Usage continues despite notification, we may ask you to transfer away to another service provider with notice.
The minimum call charge for a Mobile plan is one minute except for operator assisted, 0900 calls and other premium numbers; after the first minute you pay per minute. Every call customer makes is charged at the rate applicable to a Mobile Plan. If there is no answer you won't be charged for the call (note, calls answered by a message service or answering machine are chargeable).
Each Mobile plan includes minute allocations that can be used for calls to any New Zealand network and the selected countries on your plan.
Included anytime minutes can be used any time of the week, at any time of the day.
Included minutes are allocated per billing period. Your included minutes will be refreshed on the first day of each billing period(the 26th of the month) and won’t be carried over from one billing period to the next.
Voicemail retrieval is free within included minutes.
Megatel Fair Use Policy applies to 'Unlimited mins'.
Any international calls(except a specified country), 0900 calls, premium number calls, operator assisted calls, directory related services and chargeable special short code numbers.
- I. Operator assisted calls
You'll be charged the full minute rate for each minute or part minute.
- II. 0900 and other premium numbers
You'll be charged both the 0900 (or other premium number) rate and the mobile rate for each minute or part minute.
- III. Video Calling
You'll be charged when you make video calls to other video calling capable mobiles within New Zealand, or video-capable mobiles on a supported international mobile network in a video-capable coverage area.
SMS is a text message up to 160 plain characters and is included as part of a Product Offer or casual.
A SMS received by the mobile network that is unable to be delivered has an expiry of 5 days or 120 hours. However, there are “application to person” (A2P) messages that may have an expiry of 1-24 hours. This is completely dependent on the A2P message provider.
MMS (Picture Message)
MMS contains a Picture/Video/Sound message up to 300KB but can also be messages which contain emojis.
Messaging exceeding 160 characters or messages that are sent to multiple recipients, where the handset is configured by handset manufacturers, maybe sent as an MMS or SMS.
Please Note that some devices i.e., an iPhone may send multimedia through iMessage/FaceTime which uses mobile data rather than MMS charging.
Sending multimedia through apps such as WhatsApp, Messenger, Viber, and Line will use mobile data rather than MMS charging.
MMS messages cannot be sent internationally.
MMS messages cannot be sent if the device has a Locked APN provisioned.
Each plan includes a set amount of national data per month ("included data")
If you want to increase the amount of your included data you can choose to subscribe to an eligible data extra at an additional set monthly subscription fee as outlined in your chosen data extra pricing table.
The unused data allowance of your included data can be carried forward to the following month on Rollover available plans only.
- I. Roaming calls are charged on a minute + minute basis.
- II. Roaming calls includes all call types other than calls to satellite devices or calls to Sea and Air (Maritime).
- III. 0900 is blocked.
- I. The charge for roaming texts is per text.
- II. There is a 160-character limit per Roaming Text – spaces and punctuation are counted as characters. Use of an emoji in a text message changes the text message to ‘non-standard’ and reduces the character limit of the text message to 70 characters.
- I. Roaming Addons, Auto-Allowance inclusions and casual pricing is provided as per our roaming pricing table.
- I. Roaming relies on the use of overseas telecommunication networks which we do not control. Therefore, we cannot guarantee the quality of any roaming services or the sending of any roaming welcome messages.
- II. Roaming voice billing relies on billing files sent to us from carrier partners and processing by our billing systems, as such roaming voice usage may present on your calling history up to 3 days following usage.
- III. Some cellular mobile services, such as video calling and data, may not be available while roaming.
- IV. GST is applied to charges for roaming services.
- V. Picture/MMS messages are charged at the standard data roaming rate for the zone you are in.
- VI. When roaming, sending, and receiving picture/MMS messages is charged at the standard data roaming rate for the country you are in or deducted off the data allocation of the roaming pack. You will also be charged the standard roaming rate for sending a picture/MMS message.
Plan upgrade is available only once per your billing period if you want to switch from your plan to another one. You cannot downgrade plan during your billing period, but you can book a plan downgrade for the next billing renewal date(the 26th of the month).
Billing period is the period of time you are billed for calls, texts, data and other associated costs accumulated on your account. You billing period is fixed each month which is the 26th to 25th. This means your billing period will roll over on the same date each month, with any included minutes, texts, data or usage refreshed on that same date.
Big Data Offer
The Big Data Offer are prohibited from tethering or using mobile hotspot capability.
Should you attempt to tether or hot spot, we will re-direct you to a URL that will have generic message advising you that they are not able to use tethering or hot spot capability.
Within the monthly billing period if you go above the data threshold, the maximum network data speed will be changed to maximum of 1.2Mbps and the reduction in maximum network speed will be removed when a new billing period begins. No notification will be provided to you when you reaches the data threshold, and your remaining data will display ‘Reduced Speed’ for data consumed after the threshold is reached and after a new data session is initiated.
Data included in Endless data is NZ Data only, and does not have an NZ data cap and have tethering included.
Within the monthly billing period if you go above the data threshold, the maximum network data speed will be changed to a maximum of 1.2Mbps and the reduction in maximum network speed will be removed when a new billing period begins. No notification will be provided to you when you reaches the data threshold, and your remaining data will display 'Reduced Speed' for data consumed after the threshold is reached and after a new data session is initiated.
A Data Boost will remove any throttling/reduction in maximum network data speed in place for a limited period of time or until a certain amount of data is used(whichever happens first). The Data Boost is only available with the Endless Data plans and with Big Data plans, and the Data Boost lasts for a maximum of 7 days only. If the Data Boost is active when the billing period rolls over the Data Boost will continue until the Data Boost data threshold is reached, or the 7 days expires.
There are no limits to the number of data Boosts available within a billing cycle.
Rollover Data means the NZ data component of a plan can be carried forward to the following month. Maximum duration of the NZ data is 365 days. Any balances that remain and are older than 365 days will automatically be relinquished.
Usage priority is as follows: Recurring Plan Allowance > Purchased Plan if any > Rollover(will use the oldest data first)
All rollover data will be immediately relinquished if a provisioning request for change offer, termination, change ownership where Rollover is not available is submitted, for example Rollover Data is not available on Big Data or Endless Data plans.
Smart Data Cap
Restricts you from being able to consume any “casual” NZ Data, only purchased data, for example Recurring plan, Auto-Allowance or Add-Ons can be consumed. Where completing a provisioning request from change plan, mobile termination or change ownership where Smart Data Cap is enabled, to a plan where Smart Data Cap is not available, then the existing capability will be immediately removed.
Roaming Data Cap
Allows you to have a threshold to restrict to zero or an NZ dollar amount so that you can consume "casual" roaming data up to the provisioned Smart-Cap threshold. Only purchased data for example, Auto-Allowance or Add-Ons can be consumed after the threshold has been reached.
Available for roaming data only. Voice, Text, and other services will still be active for the duration of the billing cycle.
Auto-Allowance means the NZ data or roaming plans that we will automatically apply.
Auto-Allowance for NZ data are activated and purchased when the full allowance of the recurring plan is consumed by you. Auto-Allowance for roaming are triggered based on first user activation.
Auto-Allowance is activated only once within a billing period.
Add-Ons mean one-off additional plans such as NZ data, roaming data and/or voice services that can be purchased in addition to a recurring plan.
If remaining NZ data at the time of bill cycle then the oldest data will be used first.
Roaming Add-Ons are valid for 12months only from the date of purchase, regardless of when they are activated, and Roaming Add-Ons are activated following the first use of any cellular mobile service included with the Roaming Add-Ons.
You must keep your Mobile Device and SIM card secure at all times. We recommend that you use PIN and other access code features provided with your Mobile Device, the SIM card, or the Services, to ensure that only you are able to access and use the Services, and no one else. You must keep all such PIN codes confidential at all times.
We are not liable for any loss to you due to the loss, the theft or damage to, and/or unauthorised use of your mobile device or SIM Card. If your mobile device or SIM card is lost, stolen or not in your possession, you must contact our Megatel Call Centre immediately for us to block your SIM and/or mobile devices to prevent any unauthorised usages and charges. We are not liable for calls made, messages and/or other contents sent, or services accessed using the SIM or your voicemail up to the time you advise us of its loss or theft.
Some services are made available via the internet or other third parties systems. Although we endeavour to maintain the security of information, we cannot guarantee that information you receive or supply when using the services will be secured at all times. We recommend you to apply adequate security measures to protect your information and contents.
If PIN request function is activated on your mobile device and the PIN is entered incorrectly for three times in a row, the SIM card will automatically be blocked. To unblock the SIM card, you will need the PUK code which was provided to you together with your SIM card. If it is lost or forgotten, you can obtain the code by calling into our Call Centre. You are required to answer security questions before PUK code can be provided. If you continue to input wrong PIN & PUK code, you may permanently damage your SIM and lose your contacts that was stored on the SIM card. You will then be required to purchase a new SIM card which will come with a new PUK code.
We will not be responsible for any harm you suffer from a virus or other manipulating program which infiltrates your Mobile Device, whether it was transmitted via our mobile service and network or not. You remain responsible for all Charges applied to your account for the use of any Services activated by such a virus or program. For this reason, we highly recommend you to take adequate security measures to protect your information, mobile device and SIM card.
Restricted Use, Suspension, Termination etc,
We can suspend, bar, re-direct or restrict your usage of any or all of the Services, or disconnect your connection and end this Agreement without telling you if:
- I. your usage of the mobile services is unusual or excessive;
- II. you have a Megatel mobile plan and your mobile account remains inactive for a period of three months or longer;
- III. you continue to use the mobile services in breach of our fair use policy after we have contacted you to advise and discuss about your excessive usage;
- IV. you tamper with or modify any SIM card other than in accordance with instructions given to you by us;
- V. we suspect you of using the mobile services for any illegal or fraudulent activity; or
- VI. all of the mobile services are permanently or temporarily (for any reason) unavailable to you, and all charges for any mobile services will be payable by you in accordance with this agreement.
- VII. If your Mobile Device is stolen or lost, you must contact us immediately to block your SIM and device to prevent further usages and charges. We are not liable for any usages and charges incurred from the time of loss or theft to when you advise us to block your SIM and Device.
This Terms and Conditions applies when;
- I. we first supply services at any properties you have requested;
- II. Megatel gains ICP from other retailers upon submitting your application; or
- III. Megatel install ICP and Meter Reader upon your agreement to join us.
- You will therefore be liable to the terms, the rates, and the charges from the date stated above.
This agreement will be effective until your service and agreement have been terminated and there is no amounts owing on the account.
This Terms and Conditions is bound by the Megatel General Terms and Conditions. If there is any conflict between the General Terms and Conditions and this specific Energy Terms and Conditions, the later will prevail.
Supply of Energy Service to you
We will supply you with electricity and/or gas, and provide other associated services as necessary or as agreed in accordance with this agreement, and we will at all times endeavour to ensure the quality of the services that we provide to you meets the agreement between you and Megatel.
We undertake that we will have arrangements in place:
- I. with the Distribution Companies relevant to your properties, so that we can supply electricity and gas to your properties unless a Distribution Company has or requires a direct contract with you,
- II. to ensure that there is a meter installed at each property and that this meter is read at regular intervals.
Sometimes, your electricity and gas supplies may not be continuous or steady. We will have arrangements in place to ensure that electricity and gas supplies to each affected property is restored as soon as practicable in the event of interruption.
In the case of a planned outage, we will advise you of the potential outage as soon as we reasonably can. However, in the case of an unplanned outage, we may not be able to advise you in advance. We will advise you as soon as we are made aware of the event.
Due to an event beyond the reasonable control of Nova Energy (including acts of God, war and natural events such as earthquake and fire), we may be unable to provide an energy supply at a given time.
Interruptions of, disturbances to, energy supply
If you believe there is any fault in your electricity and/or gas supply, then you must immediately contact us. This can be done by calling our team at 0800 634 283.
You must treat all electrical lines or wires and gas pipes as being live at all times and therefore potentially deadly. You are responsible at all times to keep away from any potential dangers and for your own personal safety.
It is your responsibility to:
- a) if you are a residential customer, tell us if:
- I. you or someone in your household is reliant on constant electrical supply for critical medical support; or
- II. disconnection of electricity supply would present a clear threat to the health or wellbeing of you or someone in your household because of their health, age or disability; or
- III. because of severe financial insecurity (whether temporary or ongoing) it has genuinely become difficult for you to pay for the electricity supplied to your properties.
- b) take adequate precautions to protect property and equipment (including your own electrical and gas equipment) from fluctuations in frequency, voltage and interruption to supply.
- c) ensure yourself against damage from those fluctuations or interruptions. This includes taking business interruption insurance if it is appropriate to you. Uninterrupted electricity and/or gas supply is not guaranteed, however, if anyone, including a Distribution Company, plans to interrupt your electricity and/or gas supply for any reason (for example for maintenance, or to undertake repairs or improvements), we will try to give you at least four working days prior notice. However, there may be cases where it is not practical to give four working days’ notice in advance, and in some cases it may not be possible to give any notice at all.
Assessment of energy supplied
We will assess the amount of electricity and gas supplied to a property by reading the meter or, if we have not read the meter we will estimate the amount of electricity supplied to that property.
If the property where MegaTEL electricity service is requested for is a non-primary residence, only the standard plan can be supplied. If we suspect that low user plan is selected for a non-primary residence for any reason, such as but not limited to a wrong information presented, MegaTEL has every right to change the plan to Standard User Rates and re-bill the previous invoices according to the Standard User Rates.
If your electricity meter is a non-smart meter, we will estimate the amount of electricity supplied based on your previous usage. Your gas meter is always estimated on your invoice.
For legacy meters for electricity and all of the gas meters, we need to read the meters at a property on a regular basis. You must allow us access to each of your properties and to the metering equipment to allow us to do that. You can provide us with additional meter readings at any time by sending us the readings to firstname.lastname@example.org.
You must tell us if you think a meter is inaccurate. If you ask us to test a meter, or if we decide to test it and we find that it is not within the industry standards of accuracy, we will work out what your actual electricity and gas usage should have been, and we will debit or credit your account with us accordingly. If you ask us to test a meter and the meter is found to be accurate, you may be charged for the meter test.
Pricing / Fee & Payment
Megatel will charge you for electricity and/or gas, and any other associated services at the rates, fees and charges:
- I. listed in your pricing schedule;
- II. as set out in the special terms; or
- III. as agreed with you from time to time.
- At any time, you may request details regarding your Pricing Schedule from us. You also request a copy of our current service fees from our Customer Service Representatives or view them on our website.
Under this Agreement, the Start Date for the agreement between you and Megatel is the date when;
- I. we first supply services at any properties you have requested;
- II. when Megatel gains ICP from other retailers upon submitting your application; or
- III. when Megatel install ICP and Meter Reader upon your agreement to join us.
- You will therefore be liable to pay our rates and charges from the date stated above.
We will use our reasonable endeavours to invoice you on a monthly basis for the amounts payable by you under this agreement.
When a situation arises where we change your Pricing Schedule or transfer you to another pricing schedule, we will notify you and we will allocate your usage between the old and the new rates based on your average daily usage (as measured or estimated) within the relevant invoicing period.
If the property where Megatel electricity service is requested for is a non-primary residence, only the standard plan can be supplied. If we suspect that low user plan is selected for a non-primary residence for any reason, such as but not limited to a wrong information presented, Megatel has every right to change the plan to Standard User Rates and re-bill the previous invoices according to the Standard User Rates.
You agree to pay the charges set out in this agreement for electricity and/or gas services supplied to the location where you have requested for a service and other associated services. You also agree to pay any service fees we charge you for electricity and/or gas, not expressly covered under your Pricing Schedule or the Special Terms, including but not limited to any government imposed taxes, fees and levies which we may pass onto you.
Our invoices may include charges for network services or other services (that relate directly or indirectly to our ongoing supply of electricity and gas) provided by the Lines Company, Network Operator or other third parties (such charges will be separately identified). You agree to pay us all of such charges and any other charges payable by you under this Agreement in accordance with Clause 5.2. We will apply all of the charges on the basis agreed between us and the Lines Company, Network Operator or other third parties.
When the charges that we recover on behalf of the Lines Company, Network Operator or other third parties change, we will notify you of the changes at least 30 days prior, unless we ourselves have not been given sufficient notice by the relevant Lines Company, Network Operator or other third party. In this case, we will give you as much notice as reasonably practicable.
We will determine which Pricing Schedule you are eligible for, based on your electricity and/or gas usages and on your metering information. If you are no longer eligible for the Pricing Schedule you are on, we may transfer you to an alternative Pricing Schedule by giving you a notice at least 30 days prior. You may choose an alternative pricing schedule that you are eligible for and wish to change, by notifying us of your decision. Should you be eligible for the plan chosen, we will transfer you to the alternative Pricing Schedule of your choice within 30 days of receiving the notice from you.
You must pay us the full amount of any invoice (including any estimated invoices) by the date shown on your invoice via any one of the different methods of payment. You must also pay us the penalty interest on the late payment, which is 5% per month compounding. We may recover from you any collection costs, including but not limited to collection agency costs, all legal costs on a solicitor/client basis or other costs incurred, relating to late payment or non-payment (including dishonoured payment) of our invoices. If you have any difficulty in paying an invoice, you should contact us to make a suitable payment arrangement, otherwise the amount will be treated as being overdue, and your electricity and/or gas may be disconnected.
If you dispute accuracy of an invoice, you must notify us of the dispute and the amount in dispute, before the due date for any payment. The only dispute applied under this Clause is regarding an accuracy. Undisputed amounts must still be paid by the due date but you may withhold the disputed amount until the investigation has been completed. If the disputed amount is found to be payable by you, you must make the payment within 10 days from the date when the decision was made. If you have paid a disputed amount which is found to be an error and higher than the correct amount, we will refund the difference between the incorrect and correct amount, by crediting it into your energy account.
If you are still not satisfied with the decision and the explanation of the decision, you can contact our complaints team at email@example.com for further assistance. If our complaint team is unable to provide a resolution, you can contact Utilities Disputes at www.utilitiesdisputes.co.nz or 0800 22 33 40.
If, for any reason we made a calculation error for the amount owing and have charged you an incorrect amount:
- I. for overcharged cases, upon identifying the error we will promptly credit your electricity account with the difference between the incorrect and the correct amounts.
- II. for undercharged cases, you must pay us the differences between the incorrect and the correct amount within 10 days from when we advise you of the correct amount payable. If the undercharging has continued for a period of three months or more, we will only recover the undercharged amounts from the last three months prior to the discovery of the error, unless you have contributed to the error or could have reasonably been expected to have known the error. In this case, we will recover the entire undercharged amounts.
If you are eligible, we may apply a prompt payment discount if full payment displayed on the invoice is received on or before the payment due date.
We may recommend or require you to receive our pre-payment service in respect to your electricity service and associated services so that you receive only the amount of electricity that you have paid for. This service is subject to availability. If we provide you with our pre-payment service, the supply of Electricity and associated services may be stopped if payments are not made by the due date or are dishonoured. If we require you to use our pre-payment service because there are overdue amounts owed to us by you, we may apply up to one half of each pre-payment amount toward payment for that debt and the balance of each pre-payment amount as pre-payment for Electricity and associated services until the debt is paid in full.
If you hold more than one electricity and/or gas account with us and you close one such account, we may transfer any outstanding balance from the closed account into the active account. The amount transferred must be paid by you in accordance with the General Terms and Conditions and your obligation to the terms.
We may at any time require you to pay a bond or bonds as security for payment for electricity and/or gas and for other associated services supplied or to be supplied. If we require you to pay a bond, we will explain the reasons why this is required to you. We may use the bond or bonds to recover any amount overdue or otherwise owed to us by you.
If we require a bond or bonds, bond fee must be paid in advance prior to the connection.
We will hold the bond or bonds until the termination of your service with us, or provided your invoices have been paid in full by the relevant due dates for a continuous 12 month period. We will refund any bond to you either by crediting your energy account, or refunding it back to your bank account.
We and others (including the Distribution Company) need free (i.e. at no charge whatsoever), unobstructed and safe access to:
- I. Each property and any land over which you have an easement or right to pass electricity or related equipment;
- II. metering equipment;
- III. any equipment used to supply electricity.
The Distribution Company (and any agent or subcontractor) also needs reasonable use of facilities and amenities available to you and ordinarily used in association with its equipment on your premises, so that we can supply electricity and gas to you and for associated safety purposes.
Without limiting the generality of Clause 7.1, we need and you must:
- I. provide us, the Distribution Company and meter owner (and any agent or subcontractor of any of us) with immediate access at any time to restore electricity during an interruption in your area, to ensure safety, or to protect or prevent damage to people, property or the environment.
- II. during business hours (9am to 5:30pm Monday to Friday), allow us, the Distribution Company and meter owner (and any agent or subcontractor) access to each property (including to meters and other equipment that may be inside) to
- a) connect, suspend or disconnect your electricity and/or gas supply.
- b) read meters or any other equipment necessary to provide electricity and/or gas.
- c) ensure that trees, vegetation, buildings and other obstacles are clear of electricity lines or electrical and gas equipment. If you do not do this you may be charged for the cost of clearing the trees, vegetation or obstacles.
- d) install, test, inspect, work on, operate, replace or remove any equipment necessary to provide electricity and/or gas, or that is owned by any of them.
- e) investigate or repair any damage or interference with the distribution (including the quality of supply) or any equipment used to supply electricity and/or gas.
- f) fulfil any purpose related to the supply of electricity and/or gas, or otherwise required under either our or your agreement with the Distribution Company.
You must also allow clear and safe access to a property if we or a Distribution Company or meter owner need to install or maintain equipment for load control.
If you do not provide clear and safe access, we or the Distribution Company may disconnect your electricity and/or gas supply and you may be charged for any works for that purpose.
Equipment on property
- I. make sure nothing (including any person, material or device) on any property interferes with electricity and/or gas, or damages the distribution network.
- II. ensure the safety, security and maintenance of any electricity lines and gas pipes, fittings and equipment used on each property.
- III. ensure the safety, security and maintenance of any electricity lines and gas pipes and equipment past a distribution connection point, to any dwelling or premises on a property.
- VI. keep trees, vegetation and other obstacles away from meters and the electricity lines and gas pipes – this includes objects overhanging from neighbouring premises.
- V. provide and maintain sufficient suitable secure space at each property for the safe and secure housing of metering equipment and other equipment we or the Distribution Company think is necessary to supply electricity and/or gas to you.
- VI. make sure that other people at a property comply with your obligations under this contract, and in particular this clause 8.
- VII. You must notify us or the relevant Distribution Company immediately if there is any damage to, or fault with meters or equipment.
You must not, and must not permit any other person to:
- I. connect or disconnect a property or any equipment to and from a distribution network, or interconnect two or more network connection points (these are the points at which a property connects to an isolating device on the distribution network).
- II. interfere with or work on the distribution network or a Distribution Company's electricity lines, gas pipes, fittings and/or equipment, except to the extent that action has to be taken to protect the health and safety of persons or to prevent damage to property. Where such action is taken, you will inform us as soon as reasonably practicable.
- III. take a supply of electricity or gas from anywhere along the electricity lines or gas pipes between a distribution connection point and the meter.
- IV interfere with any meter or other equipment used to supply you with electricity and/or gas.
- V. generate electricity or gas, inject or attempt to inject it into a distribution network.
- VI. use (or attempt to use) a distribution network to send or receive any signal, communication or any other thing.
Meters, meter reading equipment, and other equipment that we, a Distribution Company or metering company own does not belong to you, but to the party responsible for supplying it. You must never:
- I. interfere with or remove a meter or meter reading equipment,
- II. interfere with any other equipment supplied by us or a Distribution Company,
- III. allow any mortgage, security interest or other charge to be created over a meter; or
- IV. interfere with ownership of any of the equipment.
Termination and/or suspension of supply
You are responsible for payment for all electricity and/or gas supplied to each property up until:
- I. the date you or we terminate this contract; or
- II. the later of:
- a) the date you move out of that property; or
- b) the date you notify us you have moved out.
- a) the date you or we terminate this contract; or
If there is a difference between the date when you have moved out and the date when you have contacted us for disconnection, you will be liable to make a payment up to the date when you have contacted us regardless of whether you were living at the property or not.
You may terminate this contract at any time provided you have paid for all electricity and/or gas supplied to your properties and any other charges you owe us. You will need to contact us or a new retailer to arrange for the future supply of electricity and/or gas to a property if you need it.
If you are vacating any property, you must tell us five working days in advance.
If you want the electricity and/or gas supply to a property suspended temporarily or permanently, you must tell us five working days in advance. You may incur a charge for disconnection and/or reconnection when you ask us to do either of these things, or if we have had to disconnect for any of the reasons in clause
We or a Distribution Company may disconnect your electricity and/or gas supply to any property supplied under this contract if you:
- I. do not pay us for electricity and/or gas that has been supplied to a property or for charges relating to the supply of electricity and/or gas to a property (such as for services relating to metering or line charges).
- II. breach any other term of this agreement.
- III. move into a property that we supply electricity and/or gas to, and you do not tell us.
We will endeavour to tell you at least seven days before we disconnect electricity and/or gas supply to a property, and we will give you a final warning at least 24 hours, but not more than seven days, before we intend to disconnect electricity and/or gas to that property. If you miss the timeframe for making the payment, or do not receive a notice we will still proceed.
If you are a residential customer and you tell us that you or someone at a property is dependent on electricity supply for critical medical support while providing sufficient proof when we ask, or otherwise constitutes a vulnerable customer, we will not disconnect electricity supply to that property for ab overdue balance except where disconnection is performed in accordance with the EA guidelines relating to medically dependent and vulnerable consumers (which can be found at https://www.ea.govt.nz/operations/retail/retailers/retailer-obligations/medically-dependant-and-vulnerable-customers/). You must notify us immediately if someone in your household is or becomes a vulnerable consumer or medically dependent on electricity supply to discuss alternative options with us. We may ask you to re-verify that you or the person living with you, qualifies as a medically dependent or vulnerable consumer either once annually, and/or where you have not paid your invoices in accordance with this agreement.
You agree that we or a Distribution Company may disconnect or disrupt your electricity and/or gas supply for any reason set out in this agreement (such agreement being consent to disconnection by the Distribution Company for the purpose of section 105 of the Electricity Industry Act 2010) including:
- I. without notice for safety reasons or if there is an emergency.
- II. where there has been an occurrence or circumstances that may adversely affect the proper working of the distribution network or the transmission system.
- III. where either of us are denied access to your property.
- IV. we are in default under our contract with the Distribution Company, that contract is terminated or a right to terminate has arisen under that contract; or
- V. the Distribution Company otherwise requires the supply to be disconnected including pursuant to your agreement or our agreement with them.
We may terminate this contract at any time by giving you thirty days’ notice in advance. You shall remain liable for payment for all electricity and/or gas supplied up to the date that termination takes effect. If we do this, you will need to contact a new retailer to arrange for the future supply of electricity and/or gas to your properties.
Distribution Companies and lines
You must comply with any agreement you have directly with a Distribution Company. If you do not have a contract directly with a Distribution Company, we have arrangements with the relevant Distribution Company, but you are required to comply with the obligations in this clause 10.
You must also comply with the Distribution Company's network connection standards that apply to a property. You can obtain a copy of these from the relevant Distribution Company.
You must follow any instructions given to you by a Distribution Company to make sure its electricity lines, gas pipes, or equipment on your premises is safe.
Part of your electricity supply may be on load control devices. If a property does have load control devices, we or the Distribution Company may control their operation as we or others choose.
A Distribution Company may interrupt your electricity supply if:
- I. the Distribution Company wishes to inspect or effect alterations, maintenance, repairs or additions to any part of the network.
- II. there is an occurrence or circumstance which may endanger persons or property.
- III.there is an occurrence or circumstance that may adversely affect the proper working of any electricity network or gas network, or transmission system.
- IV. it reasonably anticipates that the supply of electricity and/or gas, or transmission capacity to any point of connection is or will be reduced, impaired or interrupted.
- V. required to protect the network, equipment, people, or property.
- VI. requested or required by or on behalf of any relevant regulatory authority, any other owner or operator of the distribution or transmission network, the national grid or any other person responsible for the security of electricity and/or gas supply.
- VII. necessary to preserve supply generally, including for emergency or load management purposes.
- VIII. interruption or reduction of supply is required for any other purpose in the Distribution Company's reasonable opinion and in accordance with good industry practice.
We do not own the lines network through which electricity and/or gas is supplied to you. The Distribution Company owns, operates and maintains the lines and related equipment and no provision of this contract confers any right or interest on you or us in, or to any part of the lines network or equipment owned or controlled by the Distribution Company.
We will never be liable to you for any indirect or consequential loss, or loss of profits or business or any similar claims.
We are not required to carry out our responsibilities under this agreement in circumstances where an event has occurred which is beyond our reasonable control and which prevents or delays us from carrying out those responsibilities. Some examples of some events that are likely to be beyond our reasonable control are that:
- I. when our website is unavailable.
- II. we have been unable to secure wholesale electricity and/or gas supply to a property,
- III. our arrangements with a Distribution Company have been terminated; or
- IV. a Distribution Company cannot supply electricity and/or gas to a property (for example, the network or grid they use to supply electricity and/or gas to that property is unavailable).
If any of our responsibilities under this agreement are interrupted because of an event beyond our reasonable control, we will continue to perform our responsibilities that are not affected by the event and we will do everything we reasonably can to make sure your electricity and/or gas supply is returned to normal as soon as reasonably practicable. We are not responsible for any damage that results from electricity and/or gas supply fluctuations.
If you suffer a loss or damage because of something the Distribution Company does or does not do, you can only claim from us what we can recover from the Distribution Company, and only if is applicable to you.
In the case of Company default, the Electricity and Gas Authority can transfer our rights or obligation to another Energy Supplier. When this occurs, your details will be passed to the next Energy Supplier by the Electricity Authority according to the Electricity Code, for your electricity service to continue be supplied. The Electricity or Gas Authority, or the new Energy Supplier will notify you of when the transfer will be arranged and completed.
Each Distribution Company has excluded or limited its liability to you and to us. Unless the agreement we have with a Distribution Company provides otherwise, all liability any Distribution Company may have to you is excluded, as much as the law allows.
If you damage Distribution Company equipment or distribution, you may be liable for any damage you cause. If a Distribution Company suffers direct loss or damage which is caused or contributed to by your fraud, dishonesty, or wilful misconduct, you will be liable for that loss or damage.
If you damage any of our property or equipment or any meters or associated equipment we may require you to pay the cost of repair or replacement of them.
Nothing in this contract affects your rights under the Consumer Guarantees Act (which applies in addition to your rights under this contract), unless you are receiving electricity and/or gas services from us or the Distribution Company for use in a business in which case the provisions contained in that Act are non-applicable.
Security & Charge
This clause is applicable to commercial customers only.
Despite anything to the contrary contained herein or any other rights which Megatel may have howsoever:
- I. where the Customer and/or the guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Customer and/or the guarantor agree to mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to Megatel or Megatel’s nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Customer and/or the guarantor acknowledge and agree that Megatel shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.
- II. should Megatel elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer and/or guarantor shall indemnify Megatel from and against all Megatel’s costs and disbursements including legal costs on a solicitor and own client basis.
- III. the Customer and/or the guarantor (if any) agree to irrevocably nominate constitute and appoint Megatel or Megatel’s nominee as the Customer's and/or guarantor's true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 13.1.
You must not transfer any of your rights and obligations under this agreement to any other person without our prior written consent
We can change this contract at any time, provided we give you at least thirty days’ notice in advance by emailing you directly and/or by advertising on our website. We can change or update our refunds policy and our schedule of fees for products and services associated with electricity and gas supply at any time by updating them on our website. The change applies from when we update our website. If, for any reason, you do not receive notice of any change, the changes will still be effective.
You agree that you will immediately notify us of any change in your personal or contact details (i.e. name, address, fax number, email address etc) including, where you are a business Customer, any proposed change of ownership, business name or business practice. You shall be liable for any loss incurred by us as a direct result of your failure to comply with this clause.
We can send notices to you to the email address you have provided us. Notices are deemed received the day after they are sent. As per clause 13.3, always make sure that we have your current email address.
You must always comply with laws, regulations and codes that are applicable to the supply of electricity and/or gas to a property.
The provisions of clauses 3 that allow a Distribution Company to interrupt electricity and/or gas supply, oblige you to give access to and look after Distribution Company equipment and lines and cooperate with each Distribution Company and any other clause which confers rights or benefits on the Distribution Company are intended for the benefit of and are enforceable against you by each Distribution Company under the Contracts (Privacy) Act 1982.
Any clauses that are intended to have effect after termination continue to have effect. This includes clauses 5, 6, 10, 11, and this clause 13.7.
If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
This agreement shall be governed by the laws of New Zealand and is subject to the jurisdiction of the courts of New Zealand.
The failure by us to enforce any provision of these terms and conditions shall not be treated as a waiver by us of that provision, nor shall it affect our right to subsequently enforce that provision.
If you believe that your inquiry or your case have not been resolved to your full satisfaction or acceptance, you can lodge a complaint via following contact methods.
- Phone: 0800 634 283 (from overseas: +64 9 912 1200)
- Email: firstname.lastname@example.org
Our complaint & dispute resolution process is free of charge. We will send you an acknowledgement within 5 working days to let you know that we are seriously reviewing your complaint or dispute and we will make every endeavour to resolve your case.
If we failed to resolve your complaint or dispute within 20 working days, or failed to notify you for an extension of a resolution time frame, then you can contact the Utilities Disputes for a free assistance.
- Phone: 0800 22 33 40 or (04) 914 4630
- Phone (International): +64 (04) 914 4630
- Email: email@example.com
- Mail: Freepost 192682, PO Box 5875, Wellington 6140
- Freefax: 0800 22 33 47
- Fax: (04) 472 5854