Queensland and New South Wales - June 2021

Energy Supply Agreement Terms & Conditions

PREAMBLE

This Agreement is about the sale of Energy to you as a Small Customer at your premises. 

These Terms and Conditions form the Energy Supply Agreement (ESA) and cover the sale of Energy to you at your Supply Address.

If we are your Retailer for more than one Supply Address, you will have a separate Agreement for each Supply Address. 

In addition to this Agreement, the Energy Laws and other consumer laws also contain rules about the sale of Energy, and we will comply with these rules in our dealings with you. For example, the National Energy Retail Law and the National Energy Retail Rules ('the Rules') set out specific rights and obligations about Energy marketing, payment methods and arrangements for Customers experiencing payment difficulties.

 

You also have a separate Agreement with your Distributor, called a Customer Connection Contract. The Customer Connection Contract deals with the supply of Energy to your premises and can be found on your Distributor's website.


1. THE PARTIES

This Agreement is between Locality Planning Energy Pty Ltd (ABN 15 148 958 061) as the Energy Retailer (in this Agreement referred to as "we", "our" or "us"), who sells Energy to you at your premises and the Customer (in this Agreement referred to as "you" or "your").

 

2. DEFINITIONS AND INTERPRETATION

Terms used in this Agreement have the same meanings as they have in the National Energy Retail Law and the Rules. However, for ease of reference, a simplified explanation of some terms is given at the end of this Agreement.

 

Where the simplified explanations given at the end of this Agreement differ from the definitions in the National Energy Retail Law and the Rules, the definitions in the National Energy Retail Law and the Rules prevail.


Unless otherwise stated:

  1. a reference to this document or another instrument includes any variation or replacement of any of them;
  2. the singular includes the plural and vice versa;
  3. a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
  4. a person includes any type of entity, body or persons, whether or not it is incorporated or has a separate legal identity, and any executor, administrator or successor in law of the person;
  5. the words ‘include’ or ‘including’ and any variation of those words must be read as if followed by the words ‘without limitation’ and so, if an example is given of anything, the scope is not limited to the example; and
  6. headings are for convenience only and do not affect the interpretation of this Agreement.


3. DO THESE TERMS AND CONDITIONS APPLY TO YOU?

3.1 These are our Terms and Conditions

This Agreement applies to Small Customers and Other Customers ‘on market’. If you are a Small Customer, additional regulatory protections apply to you. Whether you are a Small Customer is determined by the Regulatory Requirements. 

 

If you are an ’off market’ customer, including inside an Embedded Network, some sections might not apply to you in whole or in part, refer to our ‘Special Terms for Embedded Networks’.

 

If you are part of our Solar Sharing community, you also agree to the Additional Terms for Solar Sharing Customers’. Refer to section 7 for these terms and conditions.

 

3.2 Application of these Terms and Conditions

These Terms and Conditions apply to you if:

  1. you are a Residential Customer in Queensland or New South Wales; or
  2. you are a Business Customer who is a Small Customer in Queensland or New South Wales using less than 100 MWh of electricity per year and/or less than 1 TJ of gas per year; and
  3. you request us to sell Energy to you at your premises.

 

3.3 Electricity or gas

We have separate Agreements and Schedules for the supply of electricity and gas and separate bills will be issued.

 

4. WHAT IS THE TERM OF THIS CONTRACT?

4.1 When does this Agreement start?

This Agreement starts on the date you accept our offer to supply you with Energy (‘Acceptance Date’), or if you are an existing Customer, on the date you agree to be supplied under this new Agreement.

 

We will start to sell you Energy and other products on the supply start date which will either be:  

  1. the end of the cooling off period;
  2. the date your Supply Address transfers to us; or
  3. another date we agree with you. And,
  4. if you have satisfied any pre-conditions set out in the relevant laws; and
  5. metering equipment has been installed (if it is not already in place) at your Supply Address which complies with the relevant laws; and
  6. your assigned meter identifier, being the unique number that identifies your electricity and/or gas Supply Address, has been transferred to us and we become responsible for the Energy supplied at your Supply Address under the relevant laws

 

4.2 Cooling off period

You can cancel this Agreement during the 10 Business Day cooling off period. The cooling off period starts from the day after:

  1. the Acceptance Date; or
  2. you receive the welcome email with these Agreement Terms.

You can cancel during the cooling off period even though you have signed this Agreement or agreed to it over the phone or online.

 

Refer to Special Terms for Embedded Networks for terms relating to cooling off period.

 

4.3 The transfer process

If we are not currently your Retailer for your Supply Address, we will arrange for your Supply Address to transfer to us from your current Retailer. You will continue to be supplied by your current Retailer until the transfer to us is complete. You agree to us taking all necessary steps to transfer you.

 

We may stop the transfer and cancel this Agreement before the transfer is completed:

  1. where the transfer does not occur within three months of the Acceptance Date;
  2. where you do not meet our credit requirements;
  3. where any information or details are incorrect; or
  4. for any other reason if it is not unreasonable to do so. If we do so, we will let you know, and we may offer you an alternative Agreement.

 

4.4 When does this Agreement end?

We can end this Agreement by giving you 20 Business Days’ notice.

 

You can end this Agreement by:

  • transferring your Energy supply at your Supply Address to another Retailer. This Agreement will end when your Supply Address transfers to the other Retailer;
  • requesting us to disconnect your Supply Address. This Agreement will end 10 Business Days after Disconnection; or
  • you move out of your Supply Address.

 

This Agreement will also end:

  • 10 Business Days after you have been disconnected, if you do not have a right to be reconnected;
  • where another person starts being supplied with Energy at the Supply Address with us or with another Retailer;
  • if we are no longer entitled to sell Energy due to the Distributor assigned Retailer changing; or
  • if we are no longer entitled to sell Energy due to a Last Resort Event.

 

4.5 Vacating your premises

If you are moving from your Supply Address, you need to give us at least 5 Business Days’ notice. 

 

You are required to supply us a forwarding address so we can send you your final bill. We will arrange for your meter to be read at the time agreed with you (or as soon as is practical if there are access issues at the agreed time).

 

If you do not tell us that you are moving, or you do not provide access to your meter, you will need to pay us the charges and any other amounts payable under this Agreement for the Supply Address until:

  • we find out that you have moved, and your meter has been read;
  • you tell us you are moving, and your meter has been read;
  • the Energy supply is disconnected or transferred to another Retailer; or
  • the date you or someone else becomes responsible for the Energy supply at the Supply Address under a new Agreement with us.


5. SCOPE OF THIS AGREEMENT

5.1 What is covered by this Agreement?

  1. Under this Agreement we agree to sell you Energy at your premises. We also agree to meet other obligations set out in this Agreement and to comply with the Energy Laws, including, where we sell you electricity, the provision, installation and maintenance of your meter.
  2. In return, you agree:
    1. to be responsible for charges for Energy supplied to the premises until this Agreement ends even if you vacate the premises earlier; and
    2. to pay the amounts billed by us under this Agreement; and
    3. to meet your obligations under this Agreement and the Energy Laws.

 

5.2 Energy Schedule

Your Agreement may include an Energy Schedule. An Energy Schedule may include benefits or features for a limited time or a term length. 

We will contact you about your Schedule if it is nearing expiry. We may offer to extend your existing Schedule or offer to give you a new Schedule. If so and if you do not let us know within 28 Calendar Days that you do not want to take up the extended or new Schedule, we will consider you have agreed to it. The extended or new Schedule will then apply and become part of this Agreement.

As your Schedule is part of your Agreement, it will also end when this Agreement ends.