Utilinova Terms & Conditions

THE PARTIES HEREBY AGREE AS FOLLOWS:

The consumer hereby accepts the standard terms and conditions of the service provider for the provision of electricity and water supply to a premises. By signing this agreement, the consumer acknowledges receipt of a copy of the terms and conditions without any alteration whatsoever to any clause contained therein.

The consumer agrees that in the event of the service provider instituting legal action or debt collection proceedings as result of failure of the consumer to honour any condition of this agreement, or as a result of the consumer’s failure to pay any amount by the specified due date, the consumer will be liable for legal charges on the scale as between attorney and client and / or debt collectors commission charges together with interest on any outstanding balance calculated at 2% per month.

The consumer is herewith informed of the service provider’s policy to list all persons who fail to pay any monies due to the service provider by the prescribed date, with a client reference bureau, and that such information will be available to other credit grantors.

The Consumer further confirm that the Service Provider will be entitled to disconnect the electricity supply to the dwelling in the event of the Consumer failing to timeously make payment of the outstanding accounts supplied.

The consumer consents to a credit check on his person and / or business and accepts that the rendering of services in terms of this agreement is subject to the confirmation of the details supplied herein and receipt of all supporting documents as required by the service provider.

 

If this agreement is signed for a legal person, the signature hereof binds himself as surety and principle debtor in favour of UTILINOVA (PTY) LTD for due fulfilment of all liabilities which may now be or at any time become due and payable and hereby renounce the benefits of division, excision and no value received, the meaning of which he declares himself to be fully acquainted with.

STANDARD TERMS & CONDITIONS FOR THE SUPPLY OF ELECTRICITY / WATER TO PREMISES

  1. The service provider agrees to provide electricity and water supply to the premises for which application has been made, commencing on the date indicated by the applicant.
  2. The service provider undertakes to provide the consumer with a monthly statement by not later than the 10th of each month, indicating the usage of water and electricity for the previous period. All invoices rendered is due and payable by no later than the last day of each month.
  3. The account holder is accountable for ensuring that their contact information, including email addresses and cell phone numbers, remains current and updated with the office.
  4. The service provider agrees to provide the service subject to availability from and at a rate as determined by the local authority within whose area of jurisdiction the premises is situated.
  5. The service provider reserves the right to recover any additional costs from the consumer, including but not limited to disconnection fees, tampered meters and penalties.
  6. The service provider is not obliged to give prior notification to the consumer regarding changes in tariffs, charges or rates, whether such changes are instituted by the local authority, the landlord or the service provider.
  7. The service provider will attempt to give the consumer reasonable notice of impending severance/discontinuance of services for whatever reason, but reserves the right to discontinue services to consumers who are in default of payment without such prior notice being given.
  8. The service provider is entitled to charge such fees as may be determined from to time by the service provider for the re- connection / continuance of services that may have been discontinued / suspended as a result of default in payment by the consumer. By entering into this agreement the Consumer accepts liability for all fees and cost as contained in the annexed Schedule.
  9. The Consumer acknowledge that the tariffs and fees shall be amended from time to time, and that despite accepting such fees, tariffs and cost applicable upon entering into this agreement, the Consumer will at all times be billed for such fees, cost and tariffs applicable at the time on which such liability to any fees, tariffs and cost become due and payable.
  10. The service provider is entitled to reasonable access to the premises for connection disconnection of the services. Inspections, maintenance or repairs.
  11. The service provider is not in any way obliged to provide any service of any kind to the consumer other that those services for which the agreement provider.
  12. The reading of the electricity and water meters shall be proof of the electricity consumption of the premises, and a certificate issued and signed by a manager of the Service Provider will constitute prima facie proof of electricity and water consumed. The service provider is not responsible for any damage to property, injury or loss of life that happens in on around or as a result of any electrical installation on the premises.
  13. Should the consumer contravene any term of condition contained in the agreement , or neglect to pay any amount by the due date , the service provider is entitled to cancel the agreement summarily and without prior notice and to claim damages , alternatively specific compliance and damages, without relegating any other remedy available to the service provider.
  14. The consumer accepts and understands that he/she remains liable for electricity and water consumption at the premises described on this application form from the consumption date, to such date on which the consumer notifies the service provider in writing that the premises will be vacated, or to such date which the service provider is notified in writing that the premises will be vacated.
  15. An initial deposit as determined by the service provider, is payable before any service will be rendered.

14.1        The deposit will be adjusted periodically on the discretion of the Service Provider

14.2       A minimum deposit, as determined by the service provider from time to time is applicable to all premises.

14.3       The Consumer will not earn any interest on the deposit made at the commencement of the agreement.

  1. The service provider reserves the right to revise the consumer’s deposit on a periodic basis and to adjust such deposit in accordance with service provider’s deposit policy as well as the criteria by the local municipal authority in respect of water & electricity deposits. A risk deposit is due prior to the connection of the energy supply, as decided in UTILINOVA’s sole discretion. UTILINOVA shall have the right, in its sole discretion, to raise the risk deposit from time to time. UTILINOVA retains the right to not provide or disconnect power until such / any risk deposit is paid.

Risk Deposits Process – Annual / Periodic Risk Deposit Reviews

Please take notice of the following when you get your monthly payment throughout the term of your contract with UTILINOVA and a risk deposit increase amount is sent to your account. We would have delivered a letter emailed about the increase. We have computed the increase in your risk deposit based on the complex’s average consumption over the past twelve months. This delivers a reasonable average consumption for the year’s lower and higher consumption months (ie summer and winter). In accordance with the city council’s ordinances, a risk deposit equivalent to two months’ worth of typical utility usage must be retained on all utility consumption. The risk deposit amount raised on your account must be repaid in full, in addition to the month’s actual use.

  1. The service provider undertakes to refund without interest, any deposit paid by the consumer for the provision of service in terms of the agreement, after termination of the agreement on condition that the balance of final account is paid in full. The service provider is entitled to deduct any outstanding amounts or damages from the deposit.
  2. In the event of the consumer’s account failing into arrears for a period of 5 days or longer after the due date of payment for an invoice has been reached, the service provider is entitled to switch off / discontinue service immediately and without notice. The Consumer will be obliged to make payment of the full outstanding account, as well as the disconnection fee before the supply will be reinstated to the dwelling.
  3. The service provider is entitled to charge interest at a rate of 2% per month on all amounts that are in arrears.
  4. UTILINOVA or its subsidiaries or its collection agent is a registered Debt Collector; therefore, if the Applicant/s defaults on the terms and conditions of this agreement, the Applicant/s shall be responsible for all charges and legal costs relating to such default on the scale between attorney and own Client. These fees will include SMS Notifications, Email Notifications, Telephone Calls, and Disconnection Notifications, as well as payments made with an incorrect reference number or rental account.
  5. Additionally, UTILINOVA is permitted to impose call-out fees if, in its sole judgment, such services are considered unnecessary. Unnecessary call outs include, but are not limited to, a tripped circuit breaker in the living unit, an empty meter, and defective wiring between the meter and the dwelling unit. UTILINOVA is solely responsible for the meter within the unit. It is not responsible for maintaining or repairing any connection, supply, or cable that connects the meter to the unit.
  6. The consumer agrees to notify the service provider in writing of any changes to the details that appear in the application section of agreement, and agrees that such changes brought on the application after signature thereof will not affect legality or enforcement of this agreement in any way.
  7. The consumer accepts the conditions set out in the local by-laws and regulations governing the control of the supply of electricity and water as if specifically incorporated herein.
  8. The consumer elects the address where the supply of electricity and water is provided as his/her domicilium citandi et executandi address.
  9. If a person uses an electricity supply without entering an agreement with the service provider, the supply will be disconnected immediately.
  10. Payments made to incorrect meter numbers or accounts are solely the responsibility of the APPLICANT(s). In this event, UTILINOVA shall have no obligation and shall not be required to try any exchange, redress, or reversal. UTILINOVA cannot in any way aid in the recovery of the lost item.
  11. UTILINOVA will make every effort to transmit written accounts to the Applicant/s, but the Applicant/s shall not be excused from payment of any sums due in accordance of this agreement just because an account has not been sent.
  12. All contributions shall be applied first to accrued interest, then to accrued capital in terms of water and electricity, and finally to legal fees.
  13. An error or omission on any account from the service provider or failure by the service provider to render an account does not relieve the consumer of the obligation to pay the amount due for electricity to the premises.
  14. The service provider is entitled to charge such fees as may be determined from time to time by the service provider for first and final reminders, and disconnection of service for non-payment of any amounts by due date.
  15. UTILINOVA shall have the right, in its sole discretion, to allocate payments to the Applicant’s account as it sees suitable.
  16. Notification of termination of services must be received in writing by UTILINOVA at least 30 days prior to the mandatory date of disconnection. UTILINOVA retains the right, if necessary, to impose an administrative charge on any account cancelled with less than 30 days’ notice. The APPLICANT(s) agrees that the APPLICANT(s) may be responsible for energy and water arrears, if applicable, after leaving the premises.
  17. All outstanding balances as of the date of vacation must be paid within seven days of the due date by the Applicant/s.
  18. UTILINOVA may blacklist the Applicant/s with the National Credit Bureau if the account falls into arrears.
  19. The account will include several of the following fees:

Commercial: Capacity charge, electricity consumed, service demand fee, water (and sanitation) consumed, maximum demand and any costs as raised or approved by council, administration, bank recovery, and debt collection fees.

Residential: Electricity consumed, Sanitation consumed, Water consumed, Any common property utility usage as necessary to be collected via / by the Landlord of the property / building, administration, bank recovery, and debt collection costs.

  1. The Applicant/s shall have no claim for damages of any kind originating against UTILINOVA and/or its agents, unless it is demonstrated that UTILINOVA behaved in a negligent manner.
  2. All accounts according to these conditions are due on or before the last day of each month. Under no circumstances can UTILINOVA provide payment arrangements over the final day of every month.
  3. The Applicant/s shall at all times guarantee that meter readings may be taken without obstruction and that the meter is always accessible. Failure to comply with this notice will result in the termination of the water and/or energy supply to the Applicant(s) and/or the application of anticipated averages to the usage of whichever utility is relevant.
  4. At its sole discretion, UTILINOVA may terminate this agreement by providing 48 hours’ written notice to the Applicant(s).
  5. A Final Payment Reminder will be issued for any account in arrears. The Reminder will be sent 5 days after the payment due date, i.e., the final day of each month. 
  6. Regarding any disconnection, discontinued services shall be reconnected at a cost of R300 (including VAT) including full arrears on account. All costs are subject to annual modification without notice.
  7. It is always the responsibility of the Applicant(s) to produce evidence of payment of the Applicant’s account.
  8. UTILINOVA will recuperate any bank fees incurred while receiving payments through ATM or cash deposits. Our online Peach Payments payment facility is the recommended form of payment.
  9. UTILINOVA will charge an account termination fee of R250 incl. VAT
  10. UTILINOVA’s bank information for all account payments is as follows:
    Recipient: Utilinova (Pty) Ltd.
    Bank: Standard Bank
    Branch: Centurion
    Branch code: 012645
    Account No: 032492049
    Reference number: Contact your credit controller for unique reference
  11. The Applicant/s hereby authorizes UTILINOVA to undertake meter reading services and/or to serve as a reseller of such services with regard to water and electricity as of the date of signature of this agreement, provided that the Applicant/s is/are a water and/or electricity provider.
  12. The Applicant(s) is/are responsible for his/her/their own management and control of power and water usage, and UTILINOVA is under no duty to assist the Applicant(s) with their excessive consumption.
  13. UTILINOVA will make reasonable efforts, at the cost of the Applicant/s if necessary, to help the Applicant/s with the inquiry into their excessive utility use.
  14. In the case of a dispute between the Applicant/s and UTILINOVA, the Applicant/s must continue to pay the amount billed by UTILINOVA until the issue is resolved, which must occur within sixty days.
  15. General
  • Non-Waiver: Any relaxation of any of the provisions of this agreement or any tolerance given by one party to the other shall in no way affect the rights of the other party and shall not be understood as a waiver or novation of such rights.
  • Entire Agreement: This agreement constitutes the entire agreement between the parties, and no amendment or consensual cancellation of this agreement or any provision or term thereof, and no extension of time, waiver, relaxation, or suspension of any of the provisions or terms of this agreement, shall be effective unless reduced to writing and signed by the parties hereto.
  • Jurisdiction: The Parties consent to the jurisdiction of the Magistrate’s Court for all proceedings arising out of this agreement, regardless of the amount claimed or the nature of the claim. Notwithstanding the foregoing, either party may bring an action arising from this agreement in any other court of competent jurisdiction.
Scroll to Top