Please read these terms carefully as it will tell you what you need to know about the terms and conditions of participating in AGL’s Peak Energy Rewards Program (‘Program’). The Program is an Ancillary Product as defined in your Market Contract.
It is agreed as follows.
1 Definitions and interpretation
In these terms, the following definitions apply unless the context requires otherwise:
AGL Credits means the credits provided to You by AGL for your participation in the Program in the amount and method set out in clause 4 or as notified to you from time to time.
Digital Meter has the meaning provided to it in clause 2.1(c).
Double Reward Event has the meaning provided to it in clause 4.5.
Knowledge Sharing Activities means any activities contemplated by any agreement or regulatory arrangements between us and a Regulatory Authority, governmental body, our related companies, an electricity distributor or network service provider.
Life Support Equipment has the meaning provided to it in the Regulatory Requirements.
Market Contract means AGL's market retail electricity contract to which these terms are an Ancillary Product.
Peak Event means any period of two hours or less during a weekday where we consider there is a high demand for electricity, or any test we wish to conduct to assess our readiness for a period of high demand of electricity.
Program means a AGL Peak Energy Rewards program as notified to you from time to time.
Regulatory Authority means any governmental or semi-governmental body, including without limitation the Australia Energy Market Operator and the Australian Renewable Energy Agency.
Term has the meaning provided to it in clause 5.1.
All capitalised terms which are defined in the Market Contract will have the same meaning if used in this Agreement unless expressly provided to the contrary.
2 Eligibility criteria for participation
2.1 To participate in this Program, you must:
(a) be a residential owner or tenant responsible for the electricity supply to your Supply Address;
(b) be and remain the AGL account holder for the Supply Address for the Term;
(c) use a digital ‘smart’ meter (‘Digital Meter’), and
(d) be willing and able to reduce your energy consumption during a Peak Event.
2.2 Despite clause 2.1, you are not eligible to participate in this Program if:
(a) Life Support Equipment is installed or used at the Supply Address;
(b) you are participating in, or intend to participate in, any demand response program by another retailer or regulatory body during the Term; or
(c) you or any person in the Supply Address have an underlying physical or medical condition and rely on electricity for treatment or support, or which may be adversely affected by the reduction of electricity usage.
2.3 You agree to promptly inform us of any changes to your contact details including any secondary contact details and the Supply Address you provide us via this website or My Account, as applicable.
2.4 It is important that we learn as much as possible from this Program. Therefore, as part of your participation in this Program, you agree to provide us with feedback which we may request from time to time. We will generally ask for feedback by calling you or requesting that you complete an online survey.
3 Peak Event
3.1 Approximately 24 hours prior to an anticipated Peak Event, we will contact you and any other person you nominate by text message and invite you to participate in a Peak Event.
3.2 You may opt-out of participating in a Peak Event by replying to the text messages we send you prior to a Peak Event being called.
3.3 In advance of a Peak Event, you will be provided via text messages with two suggested reduction levels (“Level A” and Level B” respectively), which we will have customised for you and which may differ between Peak Events.
3.4 Usage reduction data will be made available to you in an email report within 5 business days of the Peak Event which will display your usage reduction during the course of the Peak Event against the suggested reduction levels customised for you.
3.5 While we will provide AGL Credits to you based on whether the reduction in your electricity usage during the Peak Event (as measured as an average during the course of the Peak Event) has reached the suggested reduction levels, it is up to you to decide whether to participate in a Peak Event. You have absolute discretion in how much you reduce your electricity usage by during the relevant Peak Event.
3.6 Each Peak Event may last for up to 2 hours.
3.7 We acknowledge that you are under no obligation to respond to any Peak Event.
3.8 You are responsible for and must assess and take care of the health and safety of yourself and any other person in your Supply Address prior to and throughout each Peak Event. This includes, assessing on a case by case basis if you would like to participate in each Peak Event, adjusting temperatures and settings accordingly throughout the Peak Event and ceasing participation in a Peak Event if there is any risk. You must also tell us if your medical condition changes after you sign-up which makes you ineligible to participate.
4 Participation Payments
4.1 We or one of our Related Bodies Corporate (acting as our agent) will credit the AGL electricity bill associated with your Market Contract in the amount of any AGL Credits.
4.2 For clarity, under this Agreement:
(a) you are only entitled to payment in the form of AGL Credits;
(b) no amounts are payable to you; and
(c) AGL Credits may only be applied as part payment of your AGL electricity bill and are not transferrable and are not redeemable for cash.
4.3 For signing up and agreeing to participate in the Program, we will provide you $10 in AGL Credits, which will be credited to your AGL electricity account within 15 business days after the first Peak Event is completed.
4.4 Subject to clause 4.5, we will also provide the following AGL Credits for each Peak Event:
(a) $5 if you have reduced your electricity consumption, measured on an average basis over the course of the Peak Event, to at or below Level A for the duration of a Peak Event; plus
(b) an additional $5 if you have reduced your electricity consumption, measured on an average basis over the course of the Peak Event, to at or below Level B for the duration of a Peak Event.
4.5 For at least one Peak Event during the Program, we may advise you via text (SMS) of a special Peak Event (‘Double Reward Event’) where you can earn:
(a) $10 worth of AGL Credits (rather than the standard $5 worth of AGL Credits) for the particular Double Reward Event if you have reduced your electricity consumption, measured on an average basis over the course of the Double Reward Event, to at or below Level A for the duration of the Double Reward Event; plus
(b) an additional $10 worth of AGL Credits (rather than the standard additional $5 worth of AGL Credits) for the particular Double Reward Event if you have reduced your electricity consumption, measured on an average basis over the course of the Double Reward Event, to at or below Level B for the duration of the Double Reward Event.
4.6 You acknowledge that in the event meter data is not made available to us during a Peak Event (e.g. the remote read on your Digital Meter was temporarily unavailable), you will be considered to have not participated in the Peak Event.
5 Duration and Termination of the Program
5.1 This Agreement will automatically renew on a month to month basis and be deemed to be automatically extended until either party terminates it in accordance with its terms (Term). All terms and conditions will continue to apply during any extended period of the Term.
5.2 If you no longer wish to participate in this Program, you may provide us with notice in writing at any time. If you do, we will no longer inform you of any Peak Events and we will terminate this Agreement from the date we receive your notice.
5.3 We may immediately terminate your participation in the Program by providing you with a notice in writing if:
(a) we are unable to obtain meter data from your Digital Meter for any reason;
(b) if we determine acting reasonably that you are in breach of this Agreement;
(c) if your Market Contract with AGL is terminated.
5.4 We may also end a Program or terminate this Agreement at any time for convenience by providing you with a notice in writing.
5.5 If this Agreement is terminated, you will be entitled to retain the AGL Credits that you have already received as at the date of termination and we will credit you the AGL Credits that have accrued up to the date of termination. You will not be entitled to receive any other AGL Credits.
5.6 From time to time we may vary the Agreement (including varying the AGL Credits, Participation Payments and Program) by prior written notice to you. This written notice will set out the terms of the variation. You may reject the variation; in which case this Agreement will be deemed to be terminated from the date we receive your rejection notice.
5.7 If you accept the terms of the notice or fail to provide us with a rejection notice within any reasonable specified time period under any notice, the variation will be incorporated into this Agreement automatically from the date of acceptance or when the period for rejection has lapsed.
6.1 You are responsible for any decision that you make to reduce your electricity consumption and ensuring that any appliances or devices within your home are functioning in a proper manner.
6.2 In responding to a Peak Event, we encourage you to consider if reducing your electricity consumption during a Peak Event may damage or compromise your appliances or devices.
6.3 You acknowledge and accept that we will measure your electricity usage at any point in time based on the information provided to us by your Digital Meter only. Provided we comply with that, any determination that we make regarding the amount you have reduced your electricity usage is final and binding.
6.4 To the extent permitted by law, we will not be liable for any loss, harm, damage, cost, expense (including legal fees) or third party claims, or in the nature of special, indirect, consequential loss or damage which you pay, suffer, incur or are liable for any reason, including arising directly or indirectly from you:
(a) participating in this Program; or
(b) reducing your electricity consumption as requested by us during a Peak Event.
7 Privacy and confidentiality
7.2 You agree that we may access and use your meter reads for any reasonable purposes in connection with this Program, including to calculate and process AGL Credits to you and to provide reporting to any Regulatory Authority.
7.3 If you provide us with a secondary contact person to notify, you confirm that you have obtained the consent of the relevant person for us to send notifications.
7.4 You agree and consent to us or our related companies:
(a) contacting you regarding a Peak Event, the reduction in your electricity usage and any other matter connected to the Program;
(b) contacting you in relation to future trials or demand response programs that we may conduct;
(c) using your electricity consumption and reduction data for internal assessments, developing new products and services and marketing activities for existing or new products and services; and
(d) monitoring your electricity consumption and reduction data and sharing this data, as well as your personal information and national metering identifier, with a Regulatory Authority for the Knowledge Sharing Activities.