Tariff Trial Terms and Conditions

Terms and Conditions for the Network Capacity Tariff Trial

Background

  1. The Capacity Tariff Trial has been commissioned by Ergon Energy Network with support from Your electricity retailer, Ergon Energy Retail, and is designed to assist with the development of new residential electricity retail tariffs that may be introduced in Queensland from 2025 onwards.

Definitions

  1. In these terms and conditions, unless the context otherwise requires:
    1. 'Affiliated Organisation' means Energex Limited,  Energy Queensland Limited (Ergon Energy Retail’s holding company), the Trial’s marketing and advertising providers, information technology providers, meter installation and data providers, and economic analysis providers.
    2. ‘Agreement’ means the contract between Ergon Energy Network, Ergon Energy Retail and the Participant concerning the Trial comprised of the Trial Terms and Conditions, the Privacy Policies and the Participant’s acceptance in accordance with clause 16 below.
    3. ‘Consortium’ means the project team established to provide the Trial, which at the time of commencement is Ergon Energy and Ergon Energy Retail and includes any other members admitted from time to time by Ergon Energy Network.
    4. ‘Electricity Account’ means the electricity sale contract between Ergon Energy Retail and the Participant.
    5. ‘Ergon Energy Network’ means Ergon Energy Corporation Limited ABN 50 087 646 062, and its employees, contractors and agents.
    6. ‘Ergon Energy Retail’, ‘We’, ‘Us’ or ‘Our’ means Ergon Energy Queensland Pty Ltd ABN 11 121 177 802, and its employees, contractors and agents.
    7. ‘Participant’, ‘You’ or ‘Your’ means the owner, occupier and Electricity Account holder at the Premises who agrees to participate in the Trial.
    8. ‘Participant Surveys’ means the questionnaires completed by the Participant prior to, during and after the conclusion of the Trial.
    9. ‘Personal Information’ has the meaning given in the Privacy Policies.
    10. ‘Premises’ means the physical location of the property as notified by the Participant, with an eligible Electricity Account.
    11. ‘Privacy Policies’ means the privacy polices referred to in clause 14.
    12. ‘Standard Tariff’ means the tariff applied to the Participant’s Electricity Account immediately prior to commencement of the Trial Term.
    13. 'Trial’ means the Network Capacity Tariff Trial commissioned by Ergon Energy Network.
    14. ‘Trial Tariff(s)’ means the tariff(s) to be determined by the Trial Consortium and notified to the Participant prior to participating in the Trial.
    15. ‘Trial Term’ means the period of 12 months commencing on the date advised in writing to You which will be no later than 1 November 2022.
    16. ‘Trial Terms and Conditions’ means these Terms and Conditions for Network Capacity Tariff Trial.

Eligibility

  1. To be eligible for the Trial, You must:
    1. be a current residential account holder of Ergon Energy Retail;
    2. not have any non-residential tariffs at the Premises;
    3. be a residential customer classified as a ‘small customer’ (using less than 100MWh/year);
    4. currently have a fully communications-enabled digital meter (Type 4) and preferably have at least 12 months of historical interval data; and
    5. be willing to participate under the Trial for the Trial Term, which includes agreeing to:
      1. operate Your household use as if You were being billed under the Trial tariff;
      2. the application of the Trial Tariff for the full duration of the Trial;
      3. not change between the various Trial Tariffs during the trial, unless approved by Us;
      4. participate in electronic surveys throughout the Trial and in focus groups where selected;
      5. receive monthly ‘mock’ bills as part of Your participation in the Trial but You will be required to make payments on Your actual bill issued by Ergon Energy Retail;
      6. have Your Ergon Energy Retail Electricity Account billed monthly for the duration of the Trial; and
      7. receive Your Ergon Energy Retail Electricity Account bills by e-Bill (email).

Incentives

  1. You acknowledge that the incentive payments for participation in the Trial will be:
    1. in the form of a Gift Card or bill credit paid by Ergon Energy Retail throughout the Trial or within 1 month of the completion of the Trial, with payment subject to Trial participation conditions being met, including responding to up to 4 Participant Surveys and completing any other participation work reasonably requested by Us, such as participation in focus groups, or other tasks associated with the Trial such as communicating with other household members about the Trial and plugging in any home energy management devices (where You have Our consent to do this);
    2. Subject to clause 4(c), a further bill credit will be provided where, in respect of electricity supplied to You during the Trial Term, the total electricity charges (as shown in the mock bills) are less than the charges incurred by applying the Standard Tariff (as paid under Your Ergon Energy Retail Electricity Account bills) (Additional Incentive Payment). The payment will be the difference between the cost of your electricity consumed during the Trial Term applying the Trial Tariff and the cost of electricity consumed during the Trial Term applying the Standard Tariff. Where eligible, this payment will be made within 2 months of the end of the Trial; and
    3. the determination of the Additional Incentive Payment (if any) to be made under clause 4(b) will be made by the Consortium and, whilst the Consortium will consider in good faith any requests from the Participant, the Consortium will make the final decision about the methodology for determining, and the amount of, the Additional Incentive Payment using metering data available at the time of calculation, and (except in the case of manifest error) will not enter into any further correspondence with regard to the amount of the Additional Incentive Payment once the amount has been calculated.

Withdrawing from the Trial

  1. You may withdraw from the Trial at any time by sending an email to retailproducts@energyq.com.au or calling Ergon Energy Retail on 13 10 46 and asking to be removed.
  2. If You advise that you wish to withdraw from the Trial, any incentive payment, as outlined above, may be paid on a pro-rata basis as determined by Ergon Energy Network.  The decision of Ergon Energy Network is final, and you are not guaranteed a pro-rata incentive payment for withdrawal prior to the end of the Trial.
  3. If the Trial is terminated prematurely by Ergon Energy Network or Ergon Energy Retail, any incentive payment, as outlined above, will be paid on a pro-rata basis as determined by Ergon Energy Network.
  4. Ergon Energy Network and Ergon Energy Retail reserves the right to remove You from the Trial at any time, if You are not participating in good faith or You create an environment which makes it difficult for other participants (for example, not following the guidelines set up by the Focus Group facilitator).

About the Consortium/Trial Partners

  1. Ergon Energy Network
    1. Ergon Energy Network is the funder and supporter of the Trial.
    2. A representative of Ergon Energy Network may contact you for feedback, research, media or communication purposes.
    3. You agree to advise us, through Participant Surveys of any changes to primary or secondary tariff arrangements, or other material changes to energy use behaviours or equipment, namely installation of any new major equipment including an electric vehicle charger,; solar power system, pool pump or electric hot water system.
    4. You acknowledge that this Agreement does not vary your standard connection contract with Ergon Energy Network.
    5. If We reasonably consider that it is necessary to amend the terms of this Agreement to facilitate the proper and useful conduct of the Trial, We may amend them by giving written notice to You.
    6. You agree that Ergon Energy Network may, by giving written notice to You, end the Trial earlier than the end of the Trial Term. Any incentive payment, as outlined above, will be paid on a pro-rata basis as determined by Ergon Energy Network.
  2. Ergon Energy Retail
    1. Ergon Energy Retail is a facilitator of the Trial.
    2. A representative of Ergon Energy Retail may contact You for feedback, research, media or communication purposes.
    3. You agree to receive communications such as bills, letters and notices from Ergon Energy Retail to Your nominated email address.
    4. At any time during the Trial Term, Ergon Energy Retail may vary the Trial Tariff(s) to further the objectives of the Trial by providing no less than 7 days’ prior written notice to You.

Privacy and data collection and sharing

  1. As part of the Trial, We will contact You or send You information via email, SMS or post. We therefore need Your information to be up to date. You must therefore:
    1. ensure that any information You give to Us is accurate, current, and complete; and
    2. keep Your Personal Information accurate and up to date.
  2. By accepting the offer to participate in the Trial, You provide Your explicit informed consent to:
    1. Ergon Energy Network sharing Your metering data with Ergon Energy Retail for the purposes of the Trial; and
    2. the Consortium collecting and disclosing Your Personal Information collected during the course of the Trial to Affiliated Organisations for the purpose of furthering the purpose of the Trial or analysis, reporting, marketing and communications associated with the operation of the Trial. In addition, the Consortium may disclose de-identified (meaning deletion of name, address and contact details) report results to its energy regulators and relevant Government bodies, participants in the Trial and research publications and to other entities as required or authorised by law.
  3. The Consortium is collecting, using and disclosing Your Personal Information for the purpose of conducting the Trial. In addition to the Affiliated Organisations, Your Personal Information may, as part of furthering the Consortium’s purpose in undertaking the Trial be provided to:
    1. Your local government/council;
    2. the Queensland State Government;
    3. research partners of the Consortium; and
    4. external market research companies to conduct customer research.
  4. You consent to the use of Your Personal Information as set out in this Agreement.  In addition to the terms of clauses 12 and 13, all Personal Information submitted by any Participant for the purposes of the Trial is governed by the Privacy Policies of Ergon Energy Retail and Ergon Energy Network. The Privacy Policies can be accessed below:
    1. Ergon Energy Retail privacy statement
    2. Ergon Energy Network privacy statement

General

  1. If a provision of this document is illegal or unenforceable in any relevant jurisdiction, it may be severed for the purposes of that jurisdiction without affecting the enforceability of the other provisions of this document unless severing the provision materially alters the:
    1. scope and nature of this document, or
    2. the relative commercial or financial positions of the parties, or
    3. would be contrary to public policy.
  2. The Agreement comprising the Privacy Policies, the Trial Terms and Conditions and Your acceptance in accordance with clause 18 below constitutes the entire agreement between the parties about its subject matter and supersedes all prior contracts, arrangements and understandings in relation to that subject matter. The Consortium may alter the terms of the Agreement by notifying you of the amendment(s) by email.
  3. In these Trial Terms and Conditions, unless the context otherwise requires a reference to:
    1. the singular includes the plural, and the plural includes the singular;
    2. a recital, clause, schedule or annexure is a reference to a clause of or recital, schedule or annexure to this document and references to this document include any recital, schedule or annexure;
    3. any contract (including this document) or other instrument includes any variation or replacement of it and as it may be assigned or novated;
    4. a statute, ordinance, code or other law includes subordinate legislation (including regulations) and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
    5. a person or entity includes an individual, a firm, a body corporate, a trust, an unincorporated association or an authority;
    6. a person includes their legal personal representatives (including executors), administrators, successors, substitutes (including by way of novation) and permitted assigns;
    7. a group of persons is a reference to any two or more of them taken together and to each of them individually;
    8. money (including ‘$’, ‘AUD’ or ‘dollars’) is to Australian currency;
    9. the meaning of any general language is not restricted by any accompanying example and the words ‘includes’, ‘including’, ‘such as’, ‘for example’ or similar words are not words of limitation;
    10. the words ‘costs’ and ‘expenses’ include reasonable charges, expenses and legal costs on a full indemnity basis;
    11. headings and the table of contents are for convenience only and do not form part of this document or affect its interpretation;
    12. a provision of this document must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of the document or the inclusion of the provision in the document.

Accepting Terms and Conditions and authorising release of information to us

  1. By selecting ‘I Accept’ on our website, You:
    1. unconditionally agree to and accept these Trial Terms and Conditions,
    2. represent and warrant to Us that You have any and all necessary permission from other members of Your residential property to provide details of your electricity account,
    3. agree to allow Us to share the information in Your application with Ergon Energy Network for the purposes of assessing Your suitability for the Trial, Your involvement in the Trial if accepted, and undertaking monitoring and evaluation under the Trial.
    4. agree for Us to use Your de-identified information in any report unless expressly agreed with You e.g. for case study purposes.
    5. If You do not accept all the Trial Terms and Conditions or do not authorise information being released to Us, do not select ‘I Accept’. However, You will not be able to register, use or access the Trial or Incentives.
    6. If You have any queries relating to the Trial or the Trial Terms and Conditions, contact Us at retailproducts@energyq.com.au