PeakSmart Program terms & conditions

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PeakSmart Air Conditioning Incentive Program

In consideration for Ergon Energy Network accepting you as a Participant in the Program, you acknowledge and agree to the following terms and conditions that apply from 16 May 2025.

Please note: Participation in the Program is not recommended if a person living or intending to live at the Property requires thermally sensitive life support equipment.

Eligibility criteria for participation in the Program
1. Ergon Energy Network agrees to include you in the Program on the basis of your confirmation (by entering into this Agreement by completing the PeakSmart Application Form and submitting the PeakSmart Installation Form to Ergon Energy Network) of the following matters. You:
  1. confirm that the Property is, or will be, served by the Ergon Energy Network electricity distribution network and that a National Meter Identifier is applicable;
  2. are the registered owner of the Property, or the occupier of, or a building contractor providing services in respect of, the Property who has obtained the owner of the Property’s consent for the installation of a Signal Receiver(s) in the Eligible PeakSmart Compatible Air-conditioner(s) at the Property;
  3. consent to the delivery of communication materials related to the Program to the registered property address;
  4. have had an Installer install a Signal Receiver(s) in the Eligible PeakSmart Compatible Air-conditioner(s) at the Property;
  5. have had the Installer complete the PeakSmart Installation Form which provides information on the installation of the Signal Receiver(s);
  6. have provided a copy of proof of purchase and installation of an Eligible PeakSmart Compatible Air-conditioner(s) and Signal Receiver(s) or, if proof of purchase is unavailable, provided other supporting evidence as may be required by Ergon Energy Network and notified on the Ergon Energy Network website at www.ergon.com.au/network from time to time;
  7. have, if the application is being made by a business (including not for profit organisations), provided your ABN and submitted a valid Tax Invoice claiming the PeakSmart Incentive Reward value to which you may be entitled upon your application being successfully accepted by Ergon Energy Network;
  8. understand that all amounts specified in the Program are inclusive of any GST and that you cannot charge any additional amounts on account of GST;
  9. consent, and have obtained the consent of the owner or occupier of the Property (as applicable), to Ergon Energy Network accessing the Property for the purposes of inspecting and maintaining any Signal Receiver(s) installed at the Property;
  10. agree to return any Signal Receiver(s) issued to you by Ergon Energy Network to the address advertised at www.ergon.com.au/network should you elect to either not proceed with applying to participate in or withdraw from the Program;
  11. acknowledge and agree that subject to clause 6, no representation is or has been made by or on behalf of Ergon Energy Network as to any benefit (monetary or otherwise) which may arise, if any, either presently or in the future, in connection with your participation in the Program and/or use of an Eligible PeakSmart Compatible Air-conditioner and/or Signal Receiver, and that you do not expect any such benefit to arise;
  12. agree to be bound by these terms and conditions; and
  13. agree that you must complete the steps and submit the items specified in paragraphs d) to g) above to Ergon Energy Network within 90 days of the date of purchase of the Eligible PeakSmart Compatible Air-conditioner(s).
Duration of the Program
1. Your participation in the Program will commence on the date upon which the Signal Receiver(s) are installed in or near the Eligible PeakSmart Compatible Air-conditioner(s) at the Property.
2. Ergon Energy Network may at its discretion terminate your participation in the Program, or the Program as a whole, at any time by delivering one month’s written notice to you at the email address specified in your PeakSmart Application Form (as updated from time to time by notice).
3. If, in your reasonable opinion, any or all of the Eligible PeakSmart Compatible Air-conditioners are adversely affected by participation in the Program, your sole remedy, to the full extent permitted by law, is your right to elect to end your participation in the Program in relation to the affected Eligible PeakSmart Compatible Air-conditioner(s) by complying with the provisions of clause 2.4 below. Your participation in the Program will continue with respect to any unaffected Eligible PeakSmart Compatible Air-conditioner(s).
4. If you wish to end your participation in the Program you must provide seven days’ written notice to Ergon Energy Network at the physical or email address specified on the Ergon Energy Network website at www.ergon.com.au/network. Upon receipt of the notice Ergon Energy Network will forward you an envelope in which to return the Signal Receiver(s) to Ergon Energy Network. You must then arrange and pay for your own Installer to remove the Signal Receiver(s) from the Eligible PeakSmart Compatible Air-conditioner(s) and then return the Signal Receiver(s) to Ergon Energy Network. Your participation in the Program will continue until the Signal Receiver(s) is/are removed and returned to Ergon Energy Network.
Conclusion of the Program
1. Retrieval of Signal Receivers
  1. There is no stipulated end date for participation in the Program. However, if Ergon Energy Network terminates your participation in the Program or the Program as a whole under clause 2.2 above, Ergon Energy Network may elect to retrieve the Signal Receiver(s) from the Property, but not the Eligible PeakSmart Compatible Air-conditioner(s) as these are your own personal property.
2. Requirement to notify change of ownership or occupation
  1. On a change of ownership or occupation of the Property you must, in addition to the notice under clause 2.4, give a notice to the new owner or occupier of the Property that states the details of the Signal Receiver(s) installed at the Property and advises them to contact Ergon Energy Network if they have questions regarding the Program.
Safety
1. For your own safety, you must not remove, alter or attempt your own electrical work on your Eligible PeakSmart Compatible Air-conditioner(s) and/or Signal Receiver(s). Should you encounter any problem with your Eligible PeakSmart Compatible Air-conditioner(s) please refer to your manufacturer’s instructions and/or contact them or your Installer directly. Should you encounter any problem with the Signal Receiver(s) please contact Ergon Energy Network on 13 74 66.
Access for inspection
1. You agree to allow Ergon Energy Network access to the Property to carry out necessary audits or examination of the Signal Receiver(s) from time to time. Ergon Energy Network will contact you at least 5 business days prior to any audit or examination required.
Participation incentive
1. Following the installation of the Signal Receiver(s) in the Eligible PeakSmart Compatible Air-conditioner(s) at the Property and submission of your completed PeakSmart Application Form, Ergon Energy Network will, provided it is reasonably satisfied that you meet the eligibility criteria for participation in the Program, transfer the PeakSmart Incentive Reward that applied as at the date your application was received by Ergon Energy Network. PeakSmart Incentive Rewards will be paid by electronic funds transfer (EFT) to an Australian bank account nominated by you.
Product and service warranties and costs
1. Eligible PeakSmart Compatible Air-conditioner(s)
  1. Ergon Energy Network is not responsible for and does not accept any warranty conditions or costs associated with your Eligible PeakSmart Compatible Air-conditioner(s) or the work carried out to install or remove the Eligible PeakSmart Compatible Air-conditioner(s) or Signal Receiver(s) in the Property. These are the explicit responsibility of the Eligible PeakSmart Compatible Air-conditioner(s) manufacturer, the retailer and/or the Installer who carried out the electrical and air-conditioner work in the Property. You should contact your manufacturer, appliance retailer and/or Installer directly.
2. Signal Receiver(s)
  1. To enable the Eligible PeakSmart Compatible Air-conditioner(s) to activate the energy capping capability of the appliance, Ergon Energy Network has supplied you/your Installer with a Signal Receiver(s) to be installed in or near the Eligible PeakSmart Compatible Air-conditioner(s) in accordance with manufacturer instructions in order that a remotely operated activation signal can be received. Ergon Energy Network does not accept any costs associated with the installation or removal of the Signal Receiver(s) at the Property.
  2. During your participation in the Program, you may report any issues you have with the Signal Receiver(s) to Ergon Energy Network on 13 74 66.
Liability of Ergon Energy Network
1. Limitation of liability
  1. Ergon Energy Network’s liability to you in relation to this Agreement is limited insofar as is possible as a matter of law to performing or re-performing this Agreement. Otherwise than as set out in clause 8.1a) above, Ergon Energy Network shall have no liability to you in connection with this Agreement. In particular and without limiting the foregoing, Ergon Energy Network is not liable for any indirect, special, incidental or consequential damage, loss of earnings or loss of profits suffered by you as a result of any act or omission by Ergon Energy Network.
2. Australian Consumer Law
  1. Nothing in this Agreement generally affects or negates any rights you may have under the Australian Consumer Law (as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) and equivalent State and Territory fair trading legislation regarding consumer guarantees to the extent that such consumer guarantees, or our statutory liability for failure to comply with them, cannot be modified or excluded by law.
Privacy Notice
1. Ergon Energy Network is collecting, using and disclosing your personal information for the purpose of conducting this Program. If you do not provide your personal details, you may, at Ergon Energy Network's discretion, not be eligible to participate in the Program. As a Participant, your information may be provided to:
  1. the manufacturer of the Eligible PeakSmart Compatible Air-conditioner(s);
  2. Ergon Energy Network representatives who may have to examine and carry out audits and maintenance of the Signal Receiver(s) installed at the Property;
  3. your local government/council;
  4. the Queensland State Government;
  5. the Installer of the Eligible PeakSmart Compatible Air-conditioner(s) and/or Signal Receiver(s);
  6. the appliance retailer who sold you the Eligible PeakSmart Compatible Air-conditioner(s); and
  7. external market research companies for the purpose of conducting customer research
2. You consent to the use of your personal information as set out in this Agreement. You are entitled to access any personal information that Ergon Energy Network holds about you by contacting us on 13 74 66. Ergon Energy Network's privacy policy is available at www.ergon.com.au/network or by calling 13 74 66.
GST
1. Words in this clause have the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth), unless the context makes it clear that a different meaning is intended.
2. If a party is a member of a GST group, references to GST which the party must pay and to input tax credits to which the party is entitled, include GST which the representative member of the GST group must pay and input tax credits to which the representative member is entitled.
3. Understand that all amounts specified in the Program are inclusive of any GST and that you cannot charge any additional amounts on account of GST.
4. If an amount in this Agreement is not stated as GST inclusive, then the following provisions apply:
  1. a recipient of a taxable supply under or in connection with this Agreement must pay to the supplier, in addition to the consideration for the taxable supply, an amount equal to any GST paid or payable by the supplier in respect of the taxable supply; and
  2. the recipient must make that payment to the supplier when the consideration or part of it is provided, except that the recipient need not pay any amount referable to GST unless the recipient has received a tax invoice for that taxable supply.
Severability
1. Any provision of this Agreement that is prohibited or unenforceable is ineffective to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of this Agreement.
No Agency
1. Nothing in this Agreement shall be construed as constituting an agency, partnership, joint venture or other form of association between you and Ergon Energy Network and you must not make any representation or give any impression to any person that you are an agent, partner or representative of Ergon Energy Network.
2. In no event shall Ergon Energy Network be liable for any representation, act or omission made by you.
Assignment
1. You may not assign, charge, encumber or otherwise deal with any of your rights or obligations under this Agreement, or attempt or purport to do so, without the prior written consent of Ergon Energy Network.
Governing Law and Jurisdiction
1. This Agreement is governed by the laws of Queensland. In relation to it and related non contractual matters each party irrevocably submits to the non-exclusive jurisdiction of courts with jurisdiction there and waives any right to object to the venue on any ground.
Other
1. This Agreement and your participation in the Program does not in any way affect or alter any other agreement or relationship between you and Ergon Energy Network or its affiliates (including, but not limited to, any customer retail contract, any customer connection contract or any tariff rate arrangement).
Definitions
1. “Agreement” means these Terms and Conditions, the PeakSmart Application Form and the PeakSmart Installation Form.
2. “Eligible PeakSmart Compatible Air-conditioner(s)” means an air-conditioner system with functionality added by the manufacturer which meets all specification criteria as indicated in published standard AS4755 and includes all Demand Response Modes (DRM1, DRM2 and DRM3), and which is listed at the date of purchase as an acceptable model (for reward) at www.ergon.com.au/network.
3. “Ergon Energy Network”, “We”, “Us”, “Our” means Ergon Energy Network Limited, its employees, contractors and agents.
4. “Installer” means a suitably qualified electrical contractor and/or air-conditioner contractor.
5. “Participant” or “you” means the person or company whose details are set out in Section A of the PeakSmart Installation Form.
6. “PeakSmart Application Form” means the online form to make a formal application and includes the completed PeakSmart Installation Form, for the Program.
7. “PeakSmart Incentive Reward” means the reward based on the cooling capacity of the Eligible PeakSmart Compatible Air-conditioner(s) applicable at the date that you purchase your Eligible PeakSmart Compatible Air-conditioner(s), as published from time to time by Ergon Energy Network at www.ergon.com.au/network.
8. “PeakSmart Installation Form” means the form required to be submitted as part of the PeakSmart Application Form which includes information about the Participant, Installer and Eligible PeakSmart Compatible Air-conditioner(s) and Signal Receiver(s).
9. “Program” means Ergon Energy Network's Eligible PeakSmart Compatible Air-conditioner Program that is being offered through Ergon Energy Network's demand management initiative.
10. “Signal Receiver(s)” means the Ergon Energy Network approved Demand Response Enabling Device (DRED)/Demand Control Signal Receiver (DCSR) that must be connected to an Eligible PeakSmart Compatible Air-conditioner to enable the air-conditioning unit to receive a signal that will cap the rated input load for short periods during peak times. Signal Receivers are designed to be installed in or near the Eligible PeakSmart Compatible Air-conditioner or at the meter box depending upon manufacturer instructions.
11. “Property” means either residential or commercial premises served by the Ergon Energy Network electricity distribution network and includes premises under construction.
For Terms and Conditions up to 15 May 2025, please read our PeakSmart Terms and Conditions 15 May 2025 and prior (PDF 337.7 kb).

PeakSmart Industry Incentive Program

In consideration for Ergon Energy Network accepting you as a participant in the PeakSmart Industry Incentive Program (”PIIP”), you acknowledge and agree to the following terms and conditions (“Agreement Terms and Conditions”):

Nature of participation in PIIP
1. Ergon Energy Network has invited you to participate in PIIP to promote air conditioning units fitted with PeakSmart technology and the Ergon Energy Network Eligible PeakSmart Compatible Air Conditioner Program (”the Program”) to retail customers (“the Services”). For each valid Installer Submission Form submitted to Ergon Energy Network as a result of your participation in PIIP, Ergon Energy Network will pay you a PeakSmart Industry Incentive in accordance with the terms of this Agreement.
2. Nothing in this Agreement shall be construed as constituting an agency, partnership, joint venture, or any other form of association between the Parties in which one party may be liable for the acts or omissions of the other Party. No Party has the authority to incur any obligation or make any representation or warranty on behalf of, or to pledge the credit of, the other Party.
3. By participating in PIIP, you agree that:
  1. you will provide the Services to Ergon Energy Network;
  2. you will not give the impression to any person that you are an agent, partner or representative of Ergon Energy Network;
  3. you will be bound by the Installer Submission Form Terms and Conditions; and
  4. you will register for PIIP by completing the Agreement Form provided on the Ergon Energy Network PeakSmart website in the Retailers and Tradespeople section. This registration will be reviewed by Ergon Energy Network and you will be notified by email once it has been approved.
Variation and duration of Program and Agreement
1. Ergon Energy Network may, in its sole discretion, vary the Program and/or PIIP at any time and will provide you with written notice of such variation.
2. This Agreement will commence on the date indicated on the Agreement Form and will continue (as varied under clause 2(i)) until terminated in accordance with clause 3(i) or 3(ii).
Termination of PIIP and Agreement
1. Ergon Energy Network may, in its sole discretion, terminate PIIP at any time and will provide you with written notice in the event of such termination. This Agreement will be terminated if PIIP is terminated in accordance with this clause.
2. Either Party may terminate this Agreement at any time by providing written notice to the other Party.
Use of Ergon Energy Network Promotional Material

Ergon Energy Network may supply you with Ergon Energy Network Promotional Material. You agree that:
1. you must not make any representation about the Program or PIIP or Ergon Energy Network that is inconsistent with the Ergon Energy Network Promotional Material to any customer; and
2. following the termination of the Program, or PIIP, or this Agreement, you will return any Ergon Energy Network Promotional Materials to Ergon Energy Network upon its request.
Licence of Cashback Rewards logo
1. Before using Ergon Energy Network's Cashback Rewards logo ("the Logo") on any marketing and advertising materials in relation to the Services, we require you to obtain our prior written approval by sending us a mock-up which indicates where the Logo and any supporting text will be placed on the marketing and advertising material ("the Material"). Ergon Energy Network's approval will be granted in Ergon Energy Network's sole discretion and subject to any conditions or requirements Ergon Energy Network considers necessary. In granting its approval for you to use the Logo, Ergon Energy Network will provide you with the Logo to be used in respect of the Material.
2. The Material must not contain any representations, warranties or other statements concerning Ergon Energy Network, Ergon Energy Network's Cashback Rewards Program, the Program, PIIP or any other Ergon Energy Network program or campaign, websites, policies or any Ergon Energy Network product or service, unless expressly authorised by Ergon Energy Network in writing. At no stage may you engage in any conduct that is likely to mislead or deceive in relation to Ergon Energy Network, Ergon Energy Network's Cashback Rewards Program, the Program, PIIP or any Ergon Energy Network program or campaign, websites, policies or any Ergon Energy Network product or service.
3. You must promptly comply with any request from Ergon Energy Network to remove, alter or modify the Material should it be deemed by Ergon Energy Network to be a breach of any of the conditions contained in this clause 5.
4. Ergon Energy Network retains all rights in any of its trademarks and logos (including the Logo) which will be in the Material. If approval is given under clause 5(i) in relation to the Material, Ergon Energy Network grants you a limited, revocable, non-exclusive licence to reproduce and display the Logo only to promote Ergon Energy Network's Cashback Rewards Program in the Material. Nothing in this document confers any further rights on you in any of its trademarks or logos used in the Material pertaining to Ergon Energy Network or Ergon Energy Network's Cashback Rewards Program.
Payment of PeakSmart industry incentive
1. A limit of one PeakSmart Industry Incentive per Eligible PeakSmart Compatible Air Conditioner installation will be credited to you up to the maximum number of Eligible PeakSmart Air-conditioners for each customer who participates in the Program.
2. Ergon Energy Network will seek to notify you monthly of the PeakSmart Industry Incentives for which you are eligible for the month preceding the applicable notice (“Eligibility Notice”).
3. Ergon Energy Network will issue a Recipient Created Tax Invoice (“RCTI”) for the PeakSmart Industry Incentives for which you are eligible for the relevant month (as specified in the relevant Eligibility Notice). You will not issue tax invoices in respect of these supplies.
4. You acknowledge that you are registered for GST and will notify Ergon Energy Network if you cease to be registered.
5. Acceptance of the RCTI constitutes acceptance of the terms written in this Agreement. Both parties to this supply agree that they are parties to a RCTI agreement. The Supplier must notify the Recipient within 21 days of receiving the RCTI if the Supplier does not wish to accept the RCTI.
6. Ergon Energy Network will endeavour to issue the PeakSmart Industry Incentive payment to you within 28 days of issuing the RCTI advice notice.
7. Ergon Energy Network will not credit to you a PeakSmart Industry Incentive if you have already claimed an incentive reward in respect of the Eligible PeakSmart Compatible Air Conditioner in your capacity as a Participant in the PeakSmart Compatible Air Conditioners Program.
8. If this Agreement or PIIP is terminated in accordance with clause 3, Ergon Energy Network's sole liability to you will be any credit that has accrued between the start of this Agreement and the date of termination of either PIIP, your participation in PIIP, or this Agreement.
9. Ergon Energy Network will not credit to you a PeakSmart Industry Incentive if you have submitted an Installer Submission Form more than 6 months after installation of the PeakSmart Signal Receiver.
Signal Receiver distribution

In order to facilitate ease of connections, preferably at the time of installation of Eligible PeakSmart Compatible Air Conditioner(s), Ergon Energy Network can provide you with Signal Receiver stock to provide to your customers.

By placing an order for Signal Receivers you agree that the following terms and conditions in this clause will apply:
1. Ordering
  You must place orders:
  1. commensurate with the number of Eligible PeakSmart Compatible Air Conditioners that you expect to install and the percentage of those installations where you estimate the purchaser will want to participate in the Program; and
  2. in advance to ensure continuity of stock (delivery of stock may take up to 5 Business Days).
2. Inwards Goods Receipting
  You warrant that:
  1. you have suitable processes in place to track each Signal Receiver Ergon Energy Network delivers to you; and
  2. you have the capability to check Signal Receiver stock against the Signal Receiver plant (serial) numbers Ergon Energy Network delivers to you.
3. Stock Control
  You warrant that you have the ability to:
  1. store the Signal Receivers in a secure location; and
  2. track the Signal Receivers you deliver to customers by plant (serial) number, and you agree to provide to Ergon Energy Network a reconciliation of Signal Receiver stock on a minimum monthly basis and when otherwise requested by Ergon Energy Network acting reasonably.
4. Signal receiver dispatch tracking
  You must:
  1. only install Signal Receivers for customers who have provided their consent to have the Signal Receivers installed in an Eligible PeakSmart Compatible Air Conditioner;
  2. track and match the plant (serial) number of each Signal Receiver delivered to each customer; and
  3. use best endeavours to obtain express consent from your customers who elect to have a Signal Receiver installed in an Eligible PeakSmart Compatible Air Conditioner to your provision of those customers’ names, addresses and contact details to Ergon Energy Network to enable Ergon Energy Network to contact those customers to ascertain why their application to participate in the Program has not been received by Ergon Energy Network and to encourage those customers to claim their incentive for participating in the Program.
5. Signal Receiver device
  You agree that:
  1. you will install all components of the Signal Receiver supplied to you in accordance with our installation instructions;
  2. you will not charge customers for the Signal Receiver; and
  3. the Signal Receiver will at all times remain the property of Ergon Energy Network.
6. Return of Stock
  You acknowledge and agree that:
  1. Ergon Energy Network reserves the right at any time to request the return of Signal Receiver stock;
  2. you will undertake a final reconciliation of stock which must be provided to Ergon Energy Network within 10 Business Days of the request; and
  3. you will return all remaining Signal Receiver stock to Ergon Energy Network promptly (and, in any event, not more than 10 Business Days after providing the final reconciliation to Ergon Energy Network).
Liability of Ergon Energy Network
1. To the full extent permitted by law and subject to clause 6(viii), Ergon Energy Network excludes any and all liability in connection with this Agreement.
2. Where the above exclusion does not apply for any reason (including where a court of competent jurisdiction indicates it is invalid), to the full extent permitted by law, Ergon Energy Network's liability to you for any direct damages you incur in connection with this Agreement is limited to the amount of any credit that has accrued in accordance with clause 6(ii).
3. To the fullest extent permitted by law, Ergon Energy Network is not liable for any indirect, special, incidental or consequential damage, or loss of profits or loss of earnings, suffered by you in relation to this Agreement.
Responsibility of Installer
1. You agree to promote the Program to your customers and advise your customers of the customer application process, ensuring each customer is aware of:
  1. their entitlement to payment of an incentive for each Signal Receiver installed in an Eligible PeakSmart Compatible Air Conditioner; and
  2. the process for claiming the incentive (including the requirement to submit a Customer Application Form to Ergon Energy Network).
2. You agree to notify each customer of the proposed installation of a Signal Receiver prior to installation.
3. You warrant that you will not install a Signal Receiver, nor complete and submit the Installer Submission Form, if the customer has not provided their consent for the installation to proceed.
4. You warrant that you will not provide to Ergon Energy Network the name, address or contact details of a customer without first complying with clause 9(iii) and obtaining that customer’s express consent to collect and pass those details to Ergon Energy Network.
5. You agree to discuss the requirements of access to a customer’s property by Ergon Energy Network for the purpose of
  inspection of installed Signal Receivers. This requirement is laid out in clause 5 of the PeakSmart Air Conditioning Rewards Terms and Conditions for customers, which states “You agree to allow Ergon Energy Network access to the Property to carry out necessary audits or examination of the Signal Receiver(s) from time to time. Ergon Energy Network will contact you at least 5 business days prior to any audit or examination required”.
6. You agree that Ergon Energy Network has the right to terminate your participation in the Program, if Ergon Energy Network discovers, or has reasonable grounds to believe, that you are installing Signal Receivers without a customer’s consent or falsifying installation details.
7. You agree that Ergon Energy Network may monitor your compliance with the obligation to obtain customer consent with regular onsite audits and monitoring of your overall Customer Claim Rate and you agree to cooperate with any such audit or monitoring.
8. You will comply with any request by Ergon Energy Network to:
  1. provide additional proof of the customer’s purchase and installation of an Eligible PeakSmart Compatible Air Conditioner and the associated installation of a Signal Receiver in order to validate an Installer Submission Form; and
  2. allow Ergon Energy Network to complete random audits to ensure your full compliance with the Program.
9. You are responsible for any representation, act or omission made by you to any customer regarding the
  Program or Ergon Energy Network that results in a breach of any law including the Australian Consumer Law (as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
10. You indemnify Ergon Energy Network against any claim, loss, damage, liability, cost and expense that may be incurred or
  sustained by Ergon Energy Network arising directly or indirectly out of any breach of warranty or any representation, act, matter or thing done, permitted or omitted to be done by you in a manner that is inconsistent with this Agreement or the Ergon Energy Network Promotional Material.
GST
1. Goods and Services Tax
  Any Consideration to be paid or provided for any supply made under or in connection with this Agreement, unless expressly described in this Agreement as including GST, does not include an amount on account of GST. Despite any other provision in this Agreement, if a party (”Supplier”) makes a Taxable Supply under or in connection with this Agreement on which GST is imposed:
  1. the GST exclusive Consideration otherwise payable or to be provided for that Taxable Supply under this Agreement but for the application of this clause is increased by, and the recipient of the supply (”Recipient”) must also pay to the Supplier, an amount equal to the GST payable by the Supplier on that Taxable Supply; and
  2. the amount by which the GST exclusive consideration is increased must be paid to the Supplier by the Recipient without set off, deduction or requirement for demand, at the same time as the GST exclusive consideration is payable or to be provided. However, the Recipient need not pay any amount referable to GST unless they have received a valid Tax Invoice (or a valid Adjustment Note) for that Taxable Supply.
2. Reimbursements
  If a payment to a party under or in connection with this Agreement is a reimbursement or indemnification, calculated by reference to a loss, cost or expense incurred by that party, then the payment must be reduced by the amount of any Input Tax Credit to which that party is entitled for that loss, cost or expense. That party is assumed to be entitled to a full Input Tax Credit unless it proves, before the date on which the payment must be made, that its entitlement is otherwise.
3. Adjustment Events
  If, at any time, an Adjustment Event arises in respect of any Taxable Supply made by a Supplier under the Agreement, a corresponding adjustment must be made between the parties in respect of any amount paid pursuant to clause (a). Payments to give effect to the adjustment must be made between the parties and the Supplier must issue a valid Adjustment Note in relation to the Adjustment Event.
4. GST Group
  If a party is a member of a GST Group, references to GST which the party must pay and to Input Tax Credits to which the party is entitled, include GST which the representative member of the GST Group must pay and Input Tax Credits to which the representative member of the group is entitled.
5. Non-monetary Consideration
  If a supply made under this Agreement is a Taxable Supply made for non-monetary consideration then:
  1. the Supplier must provide the Recipient with a valid Tax Invoice which states the GST inclusive market value of the non-monetary consideration; and
  2. for the avoidance of doubt any non-monetary consideration payable under or in connection with this Agreement is GST inclusive.
6. Definitions
  Words or expressions used in this clause which are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and related imposition and amending Acts have the same meaning in this clause.
7. Survival
  This clause will continue to apply after termination of this Agreement.
Notices

Notices given under this Agreement must be done so in writing via post or email and will be taken to be duly given or made:
1. in the case of delivery by post, 5 Business Days after the date of posting; and
2. in the case of email, the time that the notice is first opened or read by an employee or officer of the recipient.
Survival of terms

Clauses 4(ii), 6(v)-(viii), 7, 8, 9 and 15 shall survive termination of this Agreement.
Assignment

You may not assign, charge, encumber or otherwise deal with any of your rights or obligations under this Agreement, or attempt or purport to do so, without the prior written consent of Ergon Energy Network.
Governing law and jurisdiction

This Agreement is governed by the laws of Queensland. In relation to it and related non-contractual matters each party irrevocably submits to the non-exclusive jurisdiction of courts with jurisdiction there and waives any right to object.
Definitions
1. "Agreement" means these Terms and Conditions and the Agreement Form.
2. "Agreement Form" means the form that you must complete and submit to Ergon Energy Network to participate in the Program.
3. “Business Day” means a day other than a Saturday, Sunday or statutory holiday or public holiday in Queensland.
4. "Customer Application Form" means the PeakSmart Reward Agreement Form that is submitted by the customer to Ergon Energy Network in order for the customer to participate in the Program.
5. “Customer Claim Rate” means the percentage rate at which your customers claim their incentives. This percentage is calculated based on the number of Signal Receivers that have been delivered to you against the number of your customers who have submitted a Customer Application Form.
6. "Eligible PeakSmart Compatible Air Conditioner" means an air conditioning unit with PeakSmart capability, meaning the unit is AS4755 demand response enabled and has DRM1, DRM2 and DRM3 capability, and which is listed at the time of sale as an acceptable model at www.ergon.com.au/network.
7. "Ergon Energy Network", "we", "us", "our" means Ergon Energy Network Limited, its employees, contractors and agents.
8. “Ergon Energy Network Promotional Material” means promotional, marketing and advertising material related to the Program.
9. "Installer", "you", "your" means the installer of air conditioning units to retail customers whose details are set out in the Agreement Form, including its employees, contractors and agents.
10. “Installer Submission Form” means the online form that you must submit to claim payment of a PeakSmart Industry Incentive.
11. “Installer Submission Form Terms and Conditions” means the terms and conditions that apply to and govern your use of the Installer Submission Form.
12. "law" means any statute, regulation, order, rule, subordinate legislation or other document enforceable under any statute, regulation, rule or subordinate legislation.
13. "Party", "Parties" means, respectively, each or both of Ergon Energy Network and the Installer.
14. “PeakSmart Industry Incentive” means the reward based on the cooling capacity of the Eligible PeakSmart Compatible Air Conditioner/s sold to a customer, payable in accordance with clause 6, calculated as follows:
  1. $50 for each Eligible PeakSmart Compatible Air Conditioner with a cooling capacity of 4kW or more, but less than 10kW; and
  2. $50 for each Eligible PeakSmart Compatible Air Conditioner with a cooling capacity of 10kW or more.
  3. "Program" means the Ergon Energy Network PeakSmart Compatible Air Conditioner Program.
15. "Services" means the promotion of PeakSmart Compatible Air Conditioners and the Program in accordance with the Agreement.
16. “Signal Receiver” means the Ergon Energy Network approved Demand Response Enabling Device (DRED)/Demand Control Signal Receiver (DCSR) that has to be connected to an Eligible PeakSmart Compatible Air Conditioner to enable the air conditioning unit to receive a signal that will cap the rated input load for short periods of during peak times.

PeakSmart Installer Submission Form

By completing and submitting an Installer Submission Form, you acknowledge and agree to the following terms and conditions:

Responsibility of person completing the submission form
1. By completing this Installer Submission Form, you confirm that:
  1. you have already registered for and agreed to the Terms and Conditions of the PeakSmart Industry Incentive Program;
  2. you have notified your customer of the installation of the Signal Receiver into one or more Eligible PeakSmart Compatible Air Conditioners installed at the customer’s premises;
  3. you have advised your customer of their right to claim an incentive reward using the Customer Application Form and have completed the necessary documentation to allow them to do so;
  4. you have discussed the requirements of access to a customer’s property by Ergon Energy Network for the purpose of inspection of installed Signal Receivers. This requirement is laid out in clause 5 of the PeakSmart Air-conditioning Rewards Terms and Conditions for customers, which states “You agree to allow Ergon Energy Network access to the Property to carry out necessary audits or examination of the Signal Receiver(s) from time to time. Ergon Energy Network will contact you at least 5 business days prior to any audit or examination required”; and
  5. you have only completed one (1) Installer Submission Form per Signal Receiver delivered to you and in respect of which you have already completed the installation.
2. You agree to rectify (at your own cost) any issues that arise from your submission of an Installer Submission Form (e.g., Signal Receiver duplication) in a timely manner.
Definitions
1. "Customer Application Form" means the PeakSmart Reward Agreement Form that is submitted by the customer to Ergon Energy Network in order for the customer to participate in the Program.
2. "Eligible PeakSmart Compatible Air-conditioner" means an air-conditioning unit with PeakSmart capability, meaning the unit is AS4755 demand response enabled and has DRM1, DRM2 and DRM3 capability, and which is listed at the time of sale as an acceptable model at www.ergon.com.au/network.
3. "Ergon Energy Network", "we", "us", "our" means Ergon Energy Network Limited, its employees, contractors and agents.
4. "Installer", "you", "your" means the installer of air-conditioning units to customers whose details are set out in the Installer Submission Form, including its employees, contractors and agents.
5. "Installer Submission Form" means the online form that you must submit to claim payment of a PeakSmart Industry Incentive.
6. “PeakSmart Industry Incentive” means the reward based on the cooling capacity of the Eligible PeakSmart Compatible Air-conditioner(s) sold to a customer, calculated as follows:
  1. $50 for each Eligible PeakSmart Compatible Air Conditioner(s) with a cooling capacity of 4kW or more, but less than 10kW; and
  2. $50 for each Eligible PeakSmart Compatible Air Conditioner(s) with a cooling capacity of 10kW or more.
7. "Program" means the Ergon Energy Network Eligible PeakSmart Compatible Air-conditioner Program.
8. “Signal Receiver” means the Ergon Energy Network approved Demand Response Enabling Device (DRED) / Demand Control Signal Receiver (DCSR) that has to be connected to an Eligible PeakSmart Compatible Air Conditioner to enable the air conditioning unit to receive a signal that will cap the rated input load for short periods of during peak times.

PeakSmart Program terms & conditions

PeakSmart Air Conditioning Incentive Program

PeakSmart Industry Incentive Program

PeakSmart Installer Submission Form

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