Terms & Conditions
What these words mean in this Agreement:
|“Act”||the Electricity Act, Code of Conduct for Retail Electricity Licensees or as applicable, as may be changed from time to time.|
|“Affiliate”||any related or associate company of Sunseap Energy Pte Ltd including their successors, assigns, employees and agents.|
|“Agreement”||the agreement between you and us comprising the electricity Plan General Terms & Conditions, the Service Specific Terms & Conditions, Billing and Collection Terms and Conditions by our agent, any documents referred to in these Terms & Conditions, any other documents applicable to the Services and any service agreement, application or order form, any other terms and conditions that you and we may have agreed or accepted from time to time.|
|“Billing and Collection (by Billing agent, StarHub) Terms & Conditions”||the specific billing and collection terms and conditions that we and our billing agent, StarHub impose in respect of any particular Service, which are set out on our website (http://www.starhub.com/about-us/legal-notices-and-terms/terms-and-conditions/consumer.html) or in the press, manuals and handbooks accompanying the use of Service, or any other adhoc promotional material for the Service and/or any customer loyalty programmes relating thereto, and any other terms and conditions which you and Sunseap may agree in writing governing the use Service.|
|“Charges”||all activation, connection, re-connection, subscription, usage, cancellation and administrative charges and other fees to be paid by you for or relating to the Services. The Charges will be in accordance with the rates in our prevailing tariff tables available at our offices, customer service centre or shops, or as mutually agreed in writing between you and us.|
|“Contestable Customer”||an eligible customer who has switched to buy electricity from an electricity retailer or from the wholesale electricity market, instead of remaining as a non-contestable customer and buys electricity from SP Group at the regulated tariff. The eligibility of such customers shall be determined by the Authority, Energy Market Authority of Singapore.|
|“Contract End Date”||The date as stated in the Agreement.|
|“Contract Start Date”||The date as stated in the Agreement.|
|“electricity Plan”||Services referred in Green Life Plan and/ or Green Save Plan as per Specific Service Terms & Conditions.|
|“EMA”||Energy Market Authority|
|“EMC”||Energy Market Company; licensed to operate the wholesale electricity market.|
|“Loss Adjusted”||means, in respect of any metered quantity of electricity, the adjustment of such quantity by multiplying such quantity by the applicable transmission loss factor (as determined by SP Group and approved by the EMA) to take into account, inter alia, network and transformer losses;|
|“Market Support Service Licensee”||provides services such as the settlement of bills, meter reading and data management, as well as customer transfer services for contestable consumers who switch from one electricity retailer to another. The current Market Support Service Licensee is SP Services Ltd.|
|“Metering Equipment”||means the metering equipment, instrument transformers (both voltage and current), load limiting, load monitoring devises, and other measuring equipment and apparatus used to measure the kilowatts hours, and/ or kilovoltamperes (reactive), and/ or kilowatt, and/ or kilovoltamperes demand at a Connection Point (as defined in the Metering Code) required by any applicable law or which may be stipulated by the EMA, the EMC, the Transmission Licensee, an MSSL or the Retailer from time to time.|
|“Minimum Period of Service”||such period as may be set out in the General Terms and Conditions, Service Specific Terms and Conditions or in our tariff tables starting from the Start Date.|
|“Non-contestable” Customer”||an eligible customer who has opted to buy electricity from SP Group at the regulated tariff or decided to remain as a non-contestable customer and buy electricity from SP Group at the regulated tariff. The eligibility of such customers shall be determined by Authority, Energy Market Authority of Singapore.|
|“Premises”||the property bearing the Residential Service Address and is owned or occupied by you.|
|“Regulatory Authority”||EMA and/or EMC.|
|“Residential customer”||a customer who is a lawful owner or occupier of residential premises.|
|“Retailer”||Retail electricity licensees (electricity retailers) are companies authorised by EMA to retail electricity to customers.|
|“Retailer of Last Resort Event”||an event whereby a Retailer becomes unable or loses the right to retail electricity to its customers by virtue of one or more of the following events:
(i) revocation by the Authority, or expiry or non-renewal, of the Retailer’s electricity license;
(ii) receipt by the Authority of a notification from the Accounting and Corporate Regulatory Authority of the Retailer’s application for a voluntary winding up after the Retailer’s receipt of the Authority’s approval to cease operations as required in the Act;
(iii) an order is made or resolution is passed for the winding up or liquidation of the Retailer;
(iv) issuance of a Suspension Order or Termination Order by the Market Surveillance and Compliance Panel to the effect that the Licensee is unable or not allowed to retail electricity;
(v) termination of the Licensee’s Retailer Use of System Agreement by Transmission Licensee
|“Services”||any services and/or products and/or applications which we provide to you in electricity Plan.|
|“Service Address”||the address at which we agree to provide the Services.|
|“Service Specific Terms & Conditions”||the specific terms and conditions that we impose in respect of any particular Service, which are set out on our website (http://www.sunseap.com/) or in the press, manuals and handbooks accompanying the use of Service, or any other adhoc promotional material for the Service and/or any customer loyalty programs relating thereto, and any other terms and conditions which you and Sunseap may agree in writing governing the use of Service.|
|“Sunseap Intellectual Property”||all copyrights, patents, trademarks, tradenames, logos, service marks and other intellectual property or proprietary rights in or related to us and any Service,|
|“Taxes”||any and all taxes, goods and services tax, duties, levies and other similar charges imposed under any law in respect of the provision of the Services or on any Charges or payment due from or payable by you to us.|
|“Transmission Licensee”||refers to licensee (SP PowerAssets Ltd) who owns and manages the electricity transmission system that transmits electricity from the generation companies to customers.|
|“Unauthorised Acts”||any tampering, modification, removal, destruction and/or damage of or to the meter & cabling, unauthorised connection to the meter & cabling, including without limitation, such connections that cause interruption, disruption, congestion in and to the meter & cabling or use of the Network for a purpose other than that of the reception of the Services according to the applicable terms and conditions governing the use of the Services.|
|“us” or “we” or “our”||Sunseap Energy Pte Ltd or any of its Affiliates and includes their successors, assigns, employees, billing agents and other agents.|
|you or “your”||the person who uses or intends to use the Services (including his or its successors and permitted assigns) and anyone appearing to us to be acting with that person’s authority or permission.|
2.1 Your Electricity Plan is governed by the terms and conditions set out herein (“electricity Plan General Terms and Conditions”), which are in addition to:
2.1.1 Service Specific Terms and Conditions that are specifically applicable to each of the Services subscribed to under the electricity Plan (“Service Specific Terms & Conditions”):
184.108.40.206 Service Specific Terms & Conditions for Green Life Plan (if applicable to signed Agreement);
220.127.116.11 Service Specific Terms & Conditions for Green Save Plan (if applicable to signed Agreement);
18.104.22.168 Billing and Collection (by our billing agent, StarHub) Terms and Conditions; and
22.214.171.124 Any other signed agreement(s) in relation to the Green Life / Green Save Plan (collectively the “Agreement”).
The current versions of the electricity Plan General Terms & Conditions, Service Specific Terms & Conditions for Green Life / Green Save Plan and Billing and Collection (by our billing agent, StarHub) Terms & Conditions may be found at respective link, http://www.sunseap.com.
2.2 In the event or any conflict, ambiguity or inconsistency between the electricity Plan General Terms and Conditions and the Service Specific Terms & Conditions, the following order of precedence shall apply:
2.2.1 electricity Plan General Terms & Conditions;
2.2.2 Service Specific Terms & Conditions;
3. Eligibility for Services
3.1 This electricity Plan is available only to residential customers for residential accounts.
3.2 For individuals, you must be at least 18 years old.
3.3 Only one (1) residential service address will be registered for every electricity plan.
3.4 In order for us to process your application, you will need to produce the relevant personal identification documentation described below and any of the following documents to our appointed agent:
3.4.1 SP Group Bill
3.4.2 SP Group Account Opening Letter
3.4.3 Current electricity bill from 3rd party retailer
|Residence Status||Documents for Verification|
|Singapore & Permanent Residents||NRIC/Singapore Armed Forces Identity Card (SAF 11B) for Regular & NSF ONLY.
Singapore photo-driving licence with proof of billing address.
Proof of billing address if address on blue NRIC is a foreign address.
|Employment Pass, S Pass, PEP, TEP/TVP, EntrePass, Diplomat Pass, Non-Diplomat Pass||All Employment Passes, Diplomatic Passes, Entrepasses and Training Visit Passes must have a minimum validity period of 6 months.
If validity period is less than 6 months, a letter from the employer indicating intent of renewal is required. The letter must be from a manager of the company.
|Work Permit, Student Pass||All Work Permits and Student Passes must have a minimum validity period of 6 months.
If validity period of Work Permit is less than 6 months, a letter from the employer indicating intent of renewal is required. The letter must be from a manager of the company.
If validity period of Student Pass is less than 6 months, a letter from the principal of the school indicating continual studies is required.
|Dependent Pass, Long Term Social Visit Pass||All Dependent Passes and Long Term Social Visit Passes must have a minimum validity period of 6 months
If validity period of Dependent Pass/Long Term Social Visit Pass is less than 6 months, a letter of extension from Ministry of Manpower is required.
4. Condition Subsequent
4.1 We shall start selling electricity to you, and you shall start buying electricity from us on the Effective Date, provided that the following conditions subsequent are fulfilled:
4.1.1 It is established that you are found eligible as a Contestable Consumer;
4.1.2 Where applicable, your full payment of applicable Deposit as per Clause 8 and 21 herein; and
4.1.3 The establishment or administration of the processes or accounts by the relevant third parties required to enable you to purchase electricity from us, all the above terms shall be conditions subsequent to the continuity of this Agreement.
4.2 If all of the conditions set out in Clause 3 and 4 have not been satisfied by the date which is three (3) months after the date of this Agreement (or such later date as the parties may agree), this Agreement shall be terminated without cause and neither party shall have any liability to one another except in relations to antecedent breaches of this Agreement in accordance with Termination Clause of this Terms and Conditions before such termination.
5. Sale of Electricity and Undertakings
5.1 During the Term of Agreement:
5.1.1 We agree to sell, and you agree to buy, all electricity consumed at Premises;
5.1.2 You shall not purchase electricity from any person other than us for use at the Premises unless we agree in writing otherwise;
5.1.3 You shall maintain your status as a Contestable Customer and shall not take steps to change such status unless required under any Applicable Laws.
6. Power Grid and Metering
6.1 The amount of electricity consumed at the Premises shall be measured by the electricity meter(s) installed at the Premises. Unless otherwise notified, these meter(s) are the property of the applicable market support services licensee and you shall not tamper or interfere with such meter(s) in any way. You shall provide such market support services licensee with all assistance and cooperation in connection with any inspection, reading, servicing, or replacement of any such meter(s). You acknowledge and agree that such market support services licensee, and not us, have the responsibility for providing, installing, maintaining, repairing, replacing, inspecting and testing such meter(s), as well as the responsibility for meter reading and meter data management, in accordance with all Applicable Laws.
7.1 We will provide the Services under the electricity Plan to you under a single Service Address, in accordance with the particulars set out in the relevant service agreement or work order, unless this Agreement is terminated in accordance with the provisions of this Agreement.
7.2 Unless otherwise permitted by us in writing, the Services under the electricity Plan will be provided to you at the Service Address and you may access and use the Services from and at the Service Address only.
7.3 You may request for us to change, from time to time, the service particulars set out in the relevant Agreement, subject to our confirmation and payment of a standard administrative fee chargeable by us according to Clause 21 of electricity Plan General Terms & Conditions. In the event of such change, the Service fees payable and the service particulars will be amended accordingly. For the avoidance of doubt, you will continue to be liable for the payment of such revised Service fees pursuant to this Agreement.
7.4 Commencement and fulfillment of any Green Life / Green Save Plan(s) under the electricity Plan shall be subject to electricity Plan General Terms & Conditions, Service Specific Terms & Conditions of Green Life/Green Save Service and Billing and Collection (by our billing agent, StarHub) Terms & Conditions.
8. Charge and Payment
8.1 Subject to any Applicable Laws, you shall be liable for all obligations and liabilities arising from or connected with electricity sales or supplies or related services to the Premises and/or for the period prior to the Contract Start Date, including without limitation, any amount claimed by any Market Support Service Licensee or Retailer (other than us) including any former Market Support Service Licensee or Retailer, any fines and interest and any amounts resulting from any corrections for any reason hereinafter to applicable prices or amounts previously calculated or invoices or statements previously issued, regardless of the date on which any claim relating thereto may be made, and you shall pay to us any amount that have been invoiced to us which relates thereto.
8.2 The quantity of electricity used and/or consumed (“Quantity of electricity”) at the Premises shall be determined on the basis of metering data, including any estimated metering data, for such Premises as advised by the applicable MSSL or otherwise in accordance with the readings of the Metering Equipment, which such quantity of electricity shall in each case be Loss Adjusted by us.
8.3 Unless otherwise stated, all amount mentioned herein as payable by you are exclusive of goods and services tax (if any) and the retailer may add to such amounts, and you shall pay, such tax at the rate applicable thereto from time to time.
8.4.1 You shall promptly provide us with Deposit for any or all your obligations in connection with or arising from this Agreement. You shall not be entitled to, and we are not liable to pay, any interest on any Deposit provided by you to us.
8.4.2 We may at its sole discretion revise from time to time the Deposit Amount by giving written notice to you so long as the requested Deposit Amount does not exceed two (2) times your average monthly invoice and in the event when such revision results in:
126.96.36.199 an increase in the Deposit Amount, you must provide such additional or replacement Deposit, as the case may be, for such revised Deposit Amount, within fourteen (14) calendar days of the date of receipt of such notice; or
188.8.131.52 a decrease in the Deposit Amount, you may obtain from us a refund of part of any cash deposit that reflects the decrease in the Deposit Amount and we shall, when requested by you, return the excess amount to you within thirty (30) calendar days of the date of receipt of such notice.
8.4.3 We may, at any time, without prior notice to you, realise or apply the whole or any part of the Deposit provided by you to us to partially or totally discharge any or all your payment obligations in connection with or arising from this Agreement. The following provisions also apply:
184.108.40.206 Any remaining Deposit in the hands of us after the expiry or termination of the Agreement, provided that the Agreement has not been extended, shall be refunded to you, within one (1) month from your payment of the final invoice issued by us and/ or our billing agent, StarHub.
8.5 We may, at our discretion, use this deposit at any time as we deem appropriate to offset any outstanding Charges and any amounts due under any of your accounts with us. Any remaining balance will be refunded to you without interest after this Agreement is terminated and you have paid all outstanding amounts due, accruing or payable to us. A deposit does not relieve you from your obligations to pay any Charges, nor does it constitute a waiver of our rights to suspend, disconnect or terminate any Service due to non-payment.
8.6 Additional Charges and Payment
If, as a result of the occurrence of any one or more of the following after the date of this Agreement and after our best efforts to mitigate such costs, we determine that there is any increase (whether direct or indirect) in the cost of its provision of any services to you under or in connection with this Agreement, you shall pay us such additional amount which is necessary to compensate us for the increased cost. You shall pay us such additional amount in accordance to the Billing and Collection (by our billing agent, StarHub) Terms & Conditions:
8.6.1 any imposition of any or change in any tax, levy, impost, deduction, charge, withholding and/or duty by any authority or body (other than income tax, fines or penalties);
8.6.2 the temporary or permanent suspension, collapse or discontinuance of any of the wholesale electricity markets established by the market rules of the EMC, whether in accordance with the provisions of the market rules of the EMC;
8.6.3 the incurring of any liability by, cost to or reduction in benefit to us because of a Force Majeure Event;
8.6.4 any introduction of or any change to any Applicable Laws; and/or
8.6.5 any action of the transmission licensee, the relevant market support services licensee, the EMA, the person for the time being responsible for ensuring the security of the supply of electricity to consumers and arranging for the secure operation of the Transmission System (which, for the time being, is the EMA), or the person authorised under Applicable Laws to operate any wholesale electricity market (which, for the time being, is the EMC), and/or any of the Authorities or other regulatory body.
9.1 You are liable to pay a recurring service fees for the electricity Plan at the prescribed rate(s). You will be billed for the usage of electricity under the respective Service Plan(s) in accordance with this electricity Plan Terms & Conditions, Specific Service Terms & Conditions and Billing and Collection (by our billing agent, StarHub) Terms & Conditions, at monthly intervals or such intervals as may be approved by us.
9.2 If you are late in paying or do not pay a bill for any Service, we may, at our discretion terminate any of the Services that we provide to you and charge you administrative fees and/or late payment interest on the outstanding amount at 1.5% per month from the date the outstanding amount was due and payable and calculated on a daily basis or at such other rates as we and/or our billing agent may prescribe from time to time. Alternatively, we and/or our billing agent may charge you the standard late payment fee as we and/ or our billing agent may prescribe from time to time. In addition, we may, at our discretion, also require you to pay on demand all sums due under any other agreements or accounts you have with us. If we claim against you for failing to pay any bill, you are liable for all our legal, administrative and other costs.
9.3 We authorise our billing agent, StarHub, to issue bills and collect payment of Charges and moneys on our behalf.
9.4 Billing and payment disputes: If you wish to reasonably dispute any amount in your bill, you are still liable to pay us all Charges. We will investigate any such dispute and facilitate resolution of metering disputes between SP Services and you where applicable and we shall provide a written response to you within 30 days from the day we were notified of such dispute. If the dispute is resolved in our favour, you must pay us the disputed amount and all costs incurred in recovering the amount. We may charge you interest on the outstanding amount at 1.5% per month from the date the outstanding amount was due and payable and calculated on a daily basis or at such other rates as we may prescribe from time to time. Alternatively, we may charge you the standard late payment fee as we may prescribe from time to time. If we agree there is a mistake in your bill, we will adjust your next bill accordingly. If you have paid a bill for a post-paid Service and subsequently choose to contest it, any such dispute must be raised by you in writing to us not later than 2 years from the date of that bill. If you have paid for a bill for a pre-paid Service and subsequently choose to contest it, any dispute must be raised by you in writing to us not later than 2 years from the date of your payment.
10. Undercharging and Overcharging
10.1 If we undercharge you for any reason (including where the meter is found to be defective), we would require you to make a correcting payment and we may offer the option to make the correcting payment by instalments. The extended time to pay will match the amount of time we have undercharged for. No interest will be levied on the amount undercharged.
10.2 If we overcharge you for any reason (including where the meter is found to be defective);
10.2.1 where you have been overcharged, we will inform you within seven (7) working days from the date we are aware of the overcharge and proceed to credit the amount to your upcoming billing invoice in accordance with Clause 11 – Outstanding Credit Balance, Agreement and Billing and Collection (by our agent, StarHub) Terms & Conditions.
10.2.2 No interest will be charged on the overcharged amount.
11. Outstanding Credit Balance
If there is outstanding credit balance in your account, this outstanding credit will be either credited in your next billing invoice within one (1) month from your payment of the final invoice issued by us or refunded to you within one (1) month following the Contract End Date or Date of termination of your Agreement in accordance with Agreement and Billing and Collection (by our agent, StarHub) Terms & Conditions.
12. Treatment of U-Save Rebate
12.1 U-Save rebates is part of the GST Voucher Scheme introduced by the Singapore Government for eligible residential consumers to offset their utilities bill.
12.2 We will use U-Save rebates that remain after being used to offset non-electricity charges with SP Services to offset any electricity charges with us, on a reimbursement basis in accordance with this Agreement.
13. Minimum Period of Service
13.1 Unless we agree otherwise in writing, the Minimum Period of Service for the electricity Plan(s) is twenty-four (24) months from the Contract Start Date as determined in accordance with Clause 14 below and the signed Agreement.
14. Term of electricity Plan
14.1 This Agreement shall be valid and in effect on and from the Contract Start Date and shall, unless terminated earlier in accordance with the terms of this Agreement, remain in full force and effect until the Contract End Date.
14.2 At least 10 business days before the Contract End Date, we will send a renewal notice alerting you on:
14.2.1 The approaching Contract End Date;
14.2.2 Reminder notice that unless otherwise we receive a written notice from you not to renew the existing Agreement; this agreement will renew automatically after Contract End Date and remain effective perpetually until otherwise terminated in accordance to this Agreement;
14.2.3 Include any updated version of terms and conditions applicable to this Agreement;
14.2.4 the option(s) available to you to purchase electricity from another Retailer or the applicable Market Support Services Licensee after the expiry of the Agreement, should you elect not to renew the Agreement or not proceed with any automatic renewal of the Agreement;
14.2.5 the deadline by which you need to provide written notice to us on your selection of one of the options referred to in the above Clause 14.2.4; and
14.2.6 the mode of communication through which you may inform us of your selected option referred to in above Clause 14.2.4.
14.3 In the event when we do not receive your written notice informing us of your option not to renew existing Agreement referred to in the above Clause 14.2.2, seven (7) working days before the stated Contract End Date, the term of the Agreement shall be automatically extended on the Contract End Date perpetually until otherwise terminated accordingly to this Agreement.
14.4 where you fail to inform us in writing by the date referred to in Clause 14.2.5 above of your selected option, we can deem that you have agreed to purchase electricity from the applicable Market Support Service Licensee with effect from the date immediately following Contract End Date, at such tariff as may be set from time to time by the applicable Market Support Service Licensee for non-contestable customers
15.1 Without prejudice to any rights either Party may have against the other Party under this Agreement for any antecedent breach of this Agreement and subject to the provisions of this Clause 15, your subscription to the electricity Plan may be terminated in the following manner unless otherwise agreed in writing by you and us: –
15.1.1 Termination by you giving us prior notice of at least 1 month before the date that you want to terminate; or
15.1.2 Termination by us giving you prior notice of at least 10 business days’ notice in writing.
220.127.116.11 Our notification shall inform you of the following:
(a) the effective date of the termination of the Agreement;
(b) the reason for termination;
(c) the option(s) available to you to purchase electricity from another retailer or the applicable Market Support Services Licensee after the termination of the Agreement;
(d) the deadline by which you need to provide written notice to us on your selection of one of the options referred to in Clause 18.104.22.168(c);
(e) any late termination and applicable charges payable by you to us; and
(f) the mode of communication through which you may inform us of your selected option referred to in above Clause 22.214.171.124(c)
15.1.3 In the event of any termination of the Agreement during the Minimum Period of Service pursuant to Clause 13 above; early termination charges will be imposed on you in accordance with the Agreement.
15.2 This Agreement may be terminated in the event of any of the following:.
15.2.1 If you have breached any of the terms and conditions of this Agreement or any other agreement(s) you have with us and, (i) the breach is not capable of remedy; or (ii) in any case, fail to remedy such breach within five calendar days after being served with such a written notice from us describing the breach and requiring it to be remedied;
15.2.2 If you fail to pay any amount due and payable to us under the Agreement or fail to provide Deposit in accordance with this electricity plan General Terms & Conditions and the Agreement;
15.2.3 You have become or threaten to become bankrupt or insolvent, or die;
15.2.4 You make any arrangement or composition with or assignment for the benefit of your creditors or go into either voluntary or compulsory liquidation or a receiver, trustee, judicial manager or administrator is appointed over any of your assets;
15.2.5 The equivalent of any of the events referred to in paragraph 15.4.3 and 15.4.4 above under the laws of any relevant jurisdiction occurs to you;
15.2.6 You provide incorrect, false or incomplete information to us;
15.2.7 The requirements of any relevant regulatory authority result in us having to stop providing the Services or to provide the Services in a manner which is unacceptable to us;
15.2.8 If you, in our reasonable belief, have committed theft of electricity;
15.2.9 If you are likely to create imminent harm to our provision of Services, or to defraud us, or are likely to create imminent hard or are abusive to our personnel;
15.2.10 If the Premises or the building within which the Premises is located is or has been disconnected from the Market Support Services Licensee for any reason whatsoever; or
15.2.11 For any reason beyond our control (including loss of any license, way-leave or easement, requirements of any governmental or regulatory authority including Energy Market Authority of Singapore or orders by the court and failure to deliver by a third-party supplier) we are unable to provide any of the Services; and
15.2.12 Retailer of Last Resort Event (“RoLR Event”).
Without prejudice to our rights to damages for any antecedent breach by you of this Agreement; we reserve our right to terminate this Agreement and impose early termination charges compensation on you as per Agreement for any breaches referred to in Clause 15.2.1, 15.2.2, 15.2.3, 15.2.4, 15.2.5, 15.2.6, 15.2.8 and 15.2.9.
15.3 In the event when we suspect that you are using or allowing any of the Services to be used for fraud, misconduct or any other illegal or improper purposes, we will refer this to the relevant authorities without notice to you and comply with directions or guidelines issued by them without further reference to you.
15.4 If this Agreement is terminated:-
15.4.1 Without prejudice to Clauses 15.2 and 15.4, all sums due, accruing or payable to us in respect of the electricity Plan up to the date of termination, become immediately due and payable to us;
15.4.2 where you fail to inform us in writing by the date referred to in Clause 126.96.36.199.(d) above of your selected option, we can deem that you have agreed to purchase electricity from the applicable Market Support Service Licensee with effect from the date immediately following the effective date of termination of the Agreement, at such tariff as may be set from time to time by the applicable Market Support Service Licensee for non-contestable customers;
15.4.3 the deposit will be refunded to you according to Clause 8 of electricity Plan Terms & Conditions.
16.1 The Services are provided on an “as is” and “as available” basis and you agree and accept that you shall use the Services or rely on any Content obtained through the Services at your sole risk. We expressly disclaim all warranties of merchantability, condition, suitability, satisfactory quality, fitness for a particular purpose, continuity of supply, reliability of supply or safety of supply and non-infringement to the fullest extent allowed by law. No advice whether oral or written, obtained by you from us or through the Services will create any warranty not expressly made in this Agreement.
16.2 We do not generate, transmit or distribute or control the supply of electricity and accordingly we shall not be liable to you or your property or to anyone relying on the supply of electricity for any loss, damage, cost or expense which you may have incur or suffer in connection with the supply of any electricity to the Premises or any fluctuation, surge, dip, reduction, failure or interruption to such supply, howsoever caused. To the maximum extent permissible under Applicable Laws, we shall not in any event have any liability to you for any indirect, special or consequential loss (including loss of profit, business, goodwill or any economic loss), arising from or in connection with this Clause 16 of this Agreement.
16.3 Under no circumstances will we or any of the relevant parties be liable for any special, incidental, indirect, consequential or punitive damages, losses, costs or expenses, even if such damages, losses, costs or expenses were caused wilfully, recklessly or negligently.
16.4 If we or any of the relevant parties are liable to you and we cannot, for any reason, rely on the exclusion of liability set out in Clauses 16.2 to 16.3 above, then in no event will our liability for damages, losses, costs or expenses suffered or incurred by you and anyone else (whether in contract, tort, negligence, misrepresentation, strict liability or statute or otherwise) exceed:
16.4.1 the lower of your preceding month’s Charges applicable to the Services in question or S$1000 /- for any event or for any series of connected events; subject to no more than
16.4.2 the lower of your preceding 12 months’ Charges applicable to the Services in question or S$2,000/- in any 12 months period.
16.4.3 The limitations and exclusions of liability in this Agreement shall not apply to any liability which cannot be lawfully excluded or restricted under the Unfair Contract Terms Act (Cap. 396).
16.4.4 We, any of our Affiliate or our billing agent, StarHub, may perform any of its obligations or exercise any of its rights under this Agreement by itself or through Starhub or any other Affiliate. However, any act or omission of any such other Affiliate or our billing agent, is deemed the act or omission of the party providing the Services.
16.4.5 The limitations and exclusions of liability in this Agreement shall not apply to any liability we or any of the relevant Parties may have in respect of any death or personal injury resulting from our gross negligence.
16.5 If you are dissatisfied with any of the Services or through any of the Services or with any of the terms and conditions of this Agreement, your sole and exclusive remedy is to discontinue using the Services and terminate the Services according to this Agreement.
You must indemnify us, our Affiliates, employees, directors and agents in full against all claims, damages, losses, liabilities, claims, costs, expenses, demands and actions resulting from your use of the Services, your negligence, omission, act or breach of this Agreement.
18. Intellectual Property
18.1 You will not acquire any right in any and all our Intellectual Property and all such property will remain at all times with us or our licensor(s).
18.2 You will not use or permit the use of our Intellectual Property except for the purposes contemplated by the Services provided to you or as permitted by us.
19. Conclusiveness of Record
19.1 In the absence of fraud or manifest error, subject to this Agreement, all our records relating to the Services are conclusive evidence of the accuracy, completeness and truth of all matters stated in them.
20. Communication and Notices
20.1 Without prejudice to Termination Clause above, notices or bills to you under this Agreement will be deemed given if sent by post, fax or email to your contact details in our records. If there is any change in these details, you must inform us immediately in writing.
20.2 You are deemed to have given your consent to receive from us and our advertisers any offer and/or marketing/promotional information or notices (whether by way of letter, leaflet, pamphlet, electronic mail, phone messages or any other means of communication) relating to any of the Services or our advertisers’ products or services from time to time unless you notify us otherwise, and such offers, information and notices shall not be deemed to be unsolicited.
20.3 You acknowledge and agree that responses from us via the Customer Support Service may take longer due to high volumes of enquiries during peak periods. We reserve the right to direct you to other forms of Customer Support Service, at our sole discretion and subject to the availability of our resources. Unless otherwise stated, the prices of the Services provided to you via the Customer Support Service are based on the prevailing rates as at the date of quotation. Your subscription to any of the Services shall be based on the prevailing rates at the time of purchase.
21. Additions, Changes & Cancellation
21.1 Unless otherwise stated in the Service Specific Terms & Conditions or otherwise agreed, you may apply for any applicable additional Services or request for changes to be made to existing Services through our customer service in writing by fax or post or electronically.
21.2 There may be a Charge if you cancel or change any order or Services.
21.3 Without prejudice to the foregoing, the following standard fees are applicable in respect of the relevant Services under the Electricity Plan:
|Deposit||As stated in the Agreement|
|Late Payment||Refer to our billing agent, StarHub Ltd’s Billing and Collection Terms & Conditions.|
|Ad-Hoc Third Party Charges (where applicable)|
|Relocation||$10 for each application
$10 for cancellation of each application
|Transfer of Ownership||$10 for each application
$10 for cancellation of each application
|SP electricity account closure||$10 for each application
$10 for cancellation of each application
|Special Meter Read (ie. Outside SP Group scheduled meter read)||$20 per special meter read request|
|AMI Meter Installation||$40 per meter installation|
- All prices are exclusive of GST.
- Third party charges are subject to change in accordance with the rates published from time to time by SP Group. These ad-hoc charges are imposed by SP Group and are directly passed-through to the customer.
21.4 We may, at our discretion, waive all or any applicable charges, as part of any ongoing promotion or otherwise.
21.5 We may from time to time change any of these Terms & Conditions (including the Service Specific Terms & Conditions) and/or such other terms and conditions agreed or accepted by you (including, without limitation, our tariffs, price plans, Charges and payment terms). We may also from time to time withdraw, suspend, or change any of the Services. We endeavour, where reasonably practicable, to give you reasonable advance notice of such changes. We will notify you of such changes through written notice, electronic mail, our bill, our website or such other form as we may deem appropriate. You agree that the display of the revised Terms & Conditions (including the Service Specific Terms & Conditions and Billing and Collection (by Billing agent, StarHub) Terms & Conditions) on our website will constitute notice of the changes. Your continued use of the Services will constitute acceptance of the changes and this Agreement.
22. Force Majeure
22.1 Subject to the provisions of this clause, we shall not be liable to you for any failure or delay in the performance of any obligation under this Agreement, to the extent that such failure or delay is due to a Force Majeure Event, provided that we shall only be excused from performance pursuant to this clause:
22.1.1 for so long as the Force Majeure Event continues and for such reasonable period of time thereafter as may be necessary for us to resume performance of the obligation; and
22.1.2 where and to the extent that the failure or delay in performance would not have been experienced but for such Force Majeure Event.
22.2 Where we invoke a Force Majeure Event, we shall give notice to you of such invocation of the Force Majeure Event as soon as reasonably practicable but in any event within seven (7) calendar days of the date on which we become aware of the occurrence of the Force Majeure Event, which notice shall include full particulars of the Force Majeure Event and of the effect that such Force Majeure Event is having on the Retailer’s performance of its obligations under this Agreement; and of the cessation of the Force Majeure Event and of the cessation of the effects of the Force Majeure Event on the our performance of its obligations under this Agreement.
22.3 For the purposes of this Clause 21, “Force Majeure Event” means any event or circumstance, or combination of events or circumstances which is beyond our reasonable control and which results in or causes the failure of us to perform any one or more of its obligations under this Agreement, and the adverse effects of which could not have been foreseen and prevented, overcome, remedied or mitigated in whole or in part by us through the exercise of diligence and reasonable care.
23.1 You may not assign, novate or transfer any of your rights and/or obligations under this Agreement without our prior written consent. We may assign, novate and/or transfer all or part of its rights and/or obligations under this Agreement to any party upon notice to you.
23.2 We may sub-contract any of its obligations hereunder without your consent.
24. Our Notification to Market Support Services Licensee
24.1 You hereby authorise and permit us to notify the applicable market support services licensee that you will commence to purchase electricity from us as of the Contract Start Date.
24.2 We are required by the Authority to transfer your contact information including but not limited to mailing address, electronic mailing address and telephone number to the market support services licensee to facilitate the implementation of the Retailer of Last Resort (RoLR) event.
25. Miscellaneous Provisions
25.1 Non-waiver: No failure or delay by us to exercise or enforce any of our rights under this Agreement will operate as a waiver of such rights nor will such failure or delay in any way prejudice or affect our rights at any time thereafter to act strictly in accordance with our rights under this Agreement.
25.2 Confidentiality: You must not use or disclose to any person any information (other than information that is or has become publicly available) relating to any of the Services or us which is acquired from or provided by us and/or any of our agents in connection with or in the course of the provision of any Service, except to the extent necessary to comply with law, court order or any regulatory authority.
25.3 Entire Agreement, Severability and No Third Party Right: This Agreement contains the whole agreement between you and us with respect to the subject matter herein and there are no agreements, understandings, promises, conditions or terms, oral or written, express or implied, including those you may issue, concerning the subject matter herein which are not merged into this Agreement and superseded thereby.
25.4 We reserve the right to revise any of these electricity Plan General Terms & Conditions, Agreement, Service Specific Terms & Conditions for Green Life Plan and/or Green Save Plan and Billing and Collection (by Billing Agent, StarHub) Terms & Conditions, at our discretion without prior notice. Use of any Service under the electricity Plan will constitute acceptance of these electricity Plan General Terms & Conditions, Agreement, Service Specific Terms & Conditions for Green Life Plan and/or Green Save Plan and Billing and Collection (by Billing Agent, StarHub) Terms & Conditions and the amendments thereof.
25.5 These electricity Plan General Terms & Conditions, Agreement, Service Specific Terms & Conditions for Green Life Plan and/or Green Save Plan and Billing and Collection (by Billing Agent, StarHub) Terms & Conditions shall be governed by the laws of Singapore and you and we have agreed to be bound by the exclusive jurisdiction of courts of Singapore.
25.6 This electricity Plan General Terms & Conditions, Agreement, Service Specific Terms & Conditions for Green Life Plan and/or Green Save Plan and Billing and Collection (by Billing Agent, StarHub) Terms & Conditions are subject to the Act and any applicable subsidiary legislation, rules or regulations. They are also subject to any directives and orders of the relevant Regulatory Authority and to the terms and conditions of the licence(s) granted to us under the Act.
25.7 All disputes, controversies, or differences arising out of or in connection with this agreement shall first be submitted to the Singapore Mediation Centre for resolution. The disputes, controversies or differences shall be referred within 30 days from the time they arose, in accordance with the Mediation Procedure for the time being in force. The parties agree to participate in mediation in good faith and undertake to abide by the terms of any settlement reached.