Carbon Neutral Terms (for Residential Customers with a Market Contract) Effective 1 July 2020

1. Eligibility

These Carbon Neutral Terms only apply if you are a Small Residential Customer who has a Market Contract and account in effect with us for electricity.

2. Carbon Neutral

  1. Carbon Neutral is an "Ancillary Product" under your Market Contract in respect of the Supply Address.
  2. The Carbon Neutral product delivers Climate Active Carbon Neutral certified electricity to your Supply Address.
  3. These Carbon Neutral Terms are separate to, and do not form part of or change, your Energy Plan and applicable Rates.
  4. You are still eligible to collect FlyBuys points based on your electricity usage, in accordance with your Market Contract.

3. When do these Carbon Neutral Terms start?

  1. These Carbon Neutral Terms commence on the later of:
    1. your Carbon Neutral Acceptance Date; and
    2. the Supply Commencement Date under your Market Contract.
  2. On and from commencement, these Carbon Neutral Terms will be in effect at all times for the duration of your Market Contract, unless terminated earlier in accordance with clause 8.

4. When do these Carbon Neutral Terms end?

  1. These Carbon Neutral Terms will remain unchanged and will continue in effect notwithstanding any changes to, or replacements of, your Energy Plan or any Ancillary Products (other than Carbon Neutral) under your Market Contract, unless you cease to be eligible under clause 1 (eligibility) or a termination event occurs under clause 8.
  2. Subject to clause 1 (eligibility), you agree that Carbon Neutral follows the Supply Address where you continue to be a customer of AGL in the scenarios below, but you may opt-out in accordance with clause 8.1(f).
    1. If your Market Contract ends and is replaced with a new Market Contract with us for the same Supply Address within 5 Business Days from that end date, these Carbon Neutral Terms (also available online at https://www.agl.com.au/terms-conditions/carbon-neutral) will apply on and from the Supply Commencement Date under your new Market Contract.
    2. If your Market Contract ends and is replaced with a new Standard Retail Contract with us for the same Supply Address, we will notify you of separate Carbon Neutral terms that are also available online at https://www.agl.com.au/terms-conditions/carbon-neutral, which terms will apply on and from the start of that new Standard Retail Contract.
    3. If you move out of the Supply Address, you will need to apply to us if you would like to receive Carbon Neutral again.

5. Carbon Neutral Charge

  1. You must pay us a fixed Charge for Carbon Neutral of $1 per week. This Charge includes GST. You will be billed these Charges in accordance with your Market Contract.
  2. This fixed Charge for Carbon Neutral is payable by you to us regardless of the actual supply or usage of electricity at the Supply Address. For example, subject to clauses 8 and 9, this fixed Charge will continue to be payable if you do not consume (or consume low levels of) electricity at the Supply Address, during periods of disconnection or during a Force Majeure Event.

6. Changes to Price or Carbon Neutral Terms

  1. Notwithstanding clauses 5 and 6 of the General Terms, we may vary the Charges for Carbon Neutral or these Carbon Neutral Terms in our absolute discretion, by at least 5 Business Days' notice to you.
  2. If you do not accept any variations notified to you under clause 6(a), you may immediately terminate these Carbon Neutral Terms by calling us.
  3. We may otherwise vary these Carbon Neutral Terms with immediate effect by notice to you:
    1. where we are permitted to do so under the Regulatory Requirements;
    2. as we consider necessary to accommodate any changes in Regulatory Requirements;
    3. to make a change that you have requested or expressly consented to;
    4. to make an administrative or typographical change; or
    5. to make these Carbon Neutral Terms more favourable to you.

7. Climate Active Certification

  1. We hold Climate Active Certification in respect of our provision of Carbon Neutral. You may view our Climate Active Certification and Public Disclosure Statements at https://www.climateactive.org.au/buy-climate-active/certified-brands, as may be updated from time to time.
  2. Our Climate Active Certification and Carbon Neutral are subject to all Regulatory Requirements from time to time. We will not be liable to you or any third parties for any loss or damage arising from or in connection with:
    1. any changes to our Climate Active Certification or Carbon Neutral, caused or contributed to, by changes to or new Regulatory Requirements;
    2. our Climate Active Certification ceasing or being suspended for any reason; or
    3. any information in connection with our Climate Active Certification or Carbon Neutral (including the information provided in Public Disclosure Statements or on that website), including if that information is inaccurate, incomplete or contains errors.
  3. To obtain and maintain our Climate Active Certification, we will acquire and retire eligible carbon offset units from greenhouse gas abatement suppliers which are eligible under the Climate Active Certification program, in our absolute discretion. You are not able to direct or otherwise require us to allocate funds to any particular abatement projects or suppliers.

8. Terminating these Carbon Neutral Terms

8.1 Termination events

These Carbon Neutral Terms have no fixed term and will only terminate on the earliest of:

  1. the date you and AGL agree to terminate these Carbon Neutral Terms;
  2. subject to clause 4(b), the effective date that your Market Contract ends or is terminated;
  3. the effective date of termination under clause 6(b) where you do not accept the notified variations;
  4. the date we notify you of immediate termination where:
    1. you have consumed an unreasonably excessive amount of electricity at the Supply Address; and have failed to reduce that consumption to our reasonable satisfaction within 5 Business Days after the date on which we give you a notice to do so;
    2. you have breached the Regulatory Requirements, your Market Contract or these Carbon Neutral Terms;
    3. you otherwise cease to meet the eligibility criteria in clause 1; or
    4. AGL's Climate Active Certification is suspended for any reason;
  5. the date that AGL's Climate Active Certification is terminated for any reason; or
  6. in any other circumstances, 5 Business Days after the date on which notice of termination is given by us or by you calling us, for any reason.

8.2 Consequences of termination

  1. Termination of these Carbon Neutral Terms will not affect:
    1. your Market Contract, Energy Plan or applicable Rates; or
    2. our or your obligations to pay any amount due at the effective termination date, or any accrued rights or remedies that we or you may have under these Carbon Neutral Terms.

8.3 Survival

Clauses 7(b), 8.2 and12 survive the termination of these Carbon Neutral Terms.

9. Suspension of Carbon Neutral Terms

Without limiting any of our other rights under your Market Contract and these Carbon Neutral Terms, we may suspend the provision of Carbon Neutral to you for any reason and for the period of time we consider appropriate, by notice to you. You are not required to pay Charges for Carbon Neutral in respect of the suspension period.

10. Calling us

As at the date of these Carbon Neutral Terms, you may call us on 131 245. which may be updated from time to time by notice to you from us.

11. Existing Market Contract Terms

If you have an existing Market Contract with us, then except as otherwise provided in these Carbon Neutral Terms, your existing Market Contract terms will remain unchanged and will continue to apply to you, including the privacy, notices and complaints provisions.

12. Definitions

Capitalised terms in this document have the meanings given in your Market Contract, except the following terms defined below:

Carbon Neutral means the Ancillary Product named "Carbon Neutral" as described in clause 2.

Carbon Neutral Acceptance Date means the date you:

  1. call us to record your acceptance;
  2. accept digitally using our internet platform for Carbon Neutral; or
  3. indicate your acceptance by any other method accepted by AGL.

Carbon Neutral Terms means these terms and conditions for the provision of Carbon Neutral in respect of the Supply Address.

Climate Active means the Australian government’s Climate Active initiative.

Climate Active Certification means the certification in respect of the Carbon Neutral product in the Climate Active initiative, issued in accordance with the Climate Active Carbon Neutral Standards administered by the Australian government.

Market Contract means a contract for the sale and Supply of electricity at the Supply Address (as varied from time to time), which is made up of:

  1. the General Terms;
  2. the relevant Offer;
  3. any applicable Ancillary Product terms and conditions (other than these Carbon Neutral Terms);
  4. any schedule applicable to the Supply Address;
  5. the Fee Schedule relevant to the electricity; and
  6. any other document or part thereof incorporated by reference in the General Terms, which contains important information we are required to provide you under the Regulatory Requirements, including our complaints handling and dispute resolution procedure.

Regulatory Requirements means any relevant Commonwealth, State or local government regulation, including all laws, regulations, subordinate legislation, proclamations, Orders in Council, licence conditions, codes, guidelines or standards (including Climate Active certification, the Climate Active Carbon Neutral Standard or similar standards or requirements) applicable from time to time in the State in which the Supply Address is located.





Carbon Neutral Terms (for Residential Customers with a Standard Retail Contract) Effective 1 July 2020

1. Parties

These Carbon Neutral Terms are made between:

  1. AGL who provides the Carbon Neutral product to you (in these Carbon Neutral Terms referred to as “we”, “our” or “us”); and
  2. You, the customer to whom these Carbon Neutral Terms apply (in these Carbon Neutral Terms referred to as “you” or “your”).

2. Eligibility

These Carbon Neutral Terms only apply if you are a Residential Customer who has a Standard Retail Contract and account in effect with us for electricity.

3. What is Carbon Neutral?

  1. The Carbon Neutral product delivers Climate Active Carbon Neutral certified electricity to your Premises.
  2. The Carbon Neutral product is not the sale of energy or the physical connection of your Premises to the distribution system.
  3. The sale of energy for your Premises is:
    1. separately governed by your Standard Retail Contract; and
    2. is not covered by these Carbon Neutral Terms.
  4. The physical connection of your Premises to the distribution system is under a separate customer connection contract with your distributor.

4. Your Standard Retail Contract is separate

  1. These Carbon Neutral Terms are separate to, and do not form part of or change, your Standard Retail Contract or prices for the sale of electricity applying to your Standard Retail Contract.
  2. Your existing Standard Retail Contract terms will remain unchanged and will continue to apply to you, regardless of whether these Carbon Neutral Terms commence, change or end.

5. When do these Carbon Neutral Terms start?

  1. These Carbon Neutral Terms commence on the later of:
    1. your Carbon Neutral Start Date; and
    2. the start of your Standard Retail Contract.
  2. On and from commencement, these Carbon Neutral Terms will be in effect at all times for the duration of your Standard Retail Contract, unless terminated earlier in accordance with clause ‎11.

6. When do these Carbon Neutral Terms end?

  1. These Carbon Neutral Terms will remain unchanged and will continue in effect notwithstanding any changes to, or replacements of, your Standard Retail Contract, unless you cease to be eligible under clause ‎‎2 (eligibility) or a termination event occurs under clause ‎‎11.
  2. Subject to clause ‎‎2 (eligibility), you agree that Carbon Neutral follows the same Premises if you continue to be a customer of AGL in the scenarios below, but you may opt-out in accordance with clause ‎11.1‎(f).
    1. If your Standard Retail Contract is replaced with a new Standard Retail Contract with us for the same Premises, these Carbon Neutral Terms (also available online at https://www.agl.com.au/terms-conditions/carbon-neutral) will apply on and from the start of that new Standard Retail Contract.
    2. If your Standard Retail Contract is replaced with a new Market Contract with us for the same Premises, we will notify you of separate Carbon Neutral terms that are also available online at https://www.agl.com.au/terms-conditions/carbon-neutral, which terms will apply on and from the Supply Commencement Date of that new Market Contract.
    3. If you move out of the Premises to a new premises, you will need to apply to us if you would like to receive Carbon Neutral again.

7. Carbon Neutral Charge

7.1 What are our Charges?

  1. You must pay us a fixed Charge for Carbon Neutral of $1 per week.
  2. This Charge includes GST.
  3. The fixed Charge for Carbon Neutral is payable by you to us regardless of the actual supply or usage of electricity at the Premises. For example, subject to clauses ‎11 and ‎12, this fixed Charge will continue to be payable if you do not consume (or consume low levels of) electricity at the Premises, during periods of disconnection or during an event outside of the control of a party.

7.2 Billing

  1. The fixed Charge for Carbon Neutral will either appear as a separate line item on the bill under your Standard Retail Contract or be included in a separate bill under these Carbon Neutral Terms.
  2. We will send a bill to you as soon as possible after the end of each billing cycle. We will send the bill:
    1. to you at the address nominated to you; or
    2. to a person authorised in writing by you to act on your behalf at the address specified by you.

7.3 Paying your bill

You must pay your bill in accordance with clause 10 (Paying your bill) of your Standard Retail Contract, read as though that clause applies to bills which include the fixed Charge for Carbon Neutral.

8. Changes to Charge or Carbon Neutral Terms

  1. We may vary the Charges for Carbon Neutral or these Carbon Neutral Terms in our absolute discretion, by at least 5 Business Days' notice to you.
  2. If you do not accept any variations notified to you under clause ‎8‎(a), you may immediately terminate these Carbon Neutral Terms by calling us.
  3. We may otherwise vary these Carbon Neutral Terms with immediate effect by notice to you:
    1. where we are permitted to do so under the Regulatory Requirements;
    2. as we consider necessary to accommodate any changes in Regulatory Requirements;
    3. to make a change that you have requested or expressly consented to;
    4. to make an administrative or typographical change; or
    5. to make these Carbon Neutral Terms more favourable to you.
  4. Any other amendment to these Carbon Neutral Terms (not addressed under clauses ‎8‎(a), ‎8‎(b)or ‎8‎(c)) may only be agreed by you and us in writing.

9. Climate Active Certification

  1. We hold Climate Active Certification in respect of our provision of Carbon Neutral. You may view our Climate Active Certification and Public Disclosure Statements at https://www.climateactive.org.au/buy-climate-active/certified-brands, as may be updated from time to time.
  2. Our Climate Active Certification and Carbon Neutral are subject to all Regulatory Requirements from time to time. We will not be liable to you or any third parties for any loss or damage arising from or in connection with:
    1. any changes to our Climate Active Certification or Carbon Neutral, caused or contributed to, by changes to or new Regulatory Requirements;
    2. our Climate Active Certification ceasing or being suspended for any reason; or
    3. any information in connection with our Climate Active Certification or Carbon Neutral (including the information provided in Public Disclosure Statements or on that website), including if that information is inaccurate, incomplete or contains errors.
  3. To obtain and maintain our Climate Active Certification, we will acquire and retire eligible carbon offset units from greenhouse gas abatement suppliers which are eligible under the Climate Active Certification program, in our absolute discretion. You are not able to direct or otherwise require us to allocate funds to any particular abatement projects or suppliers.

10. Our liability

  1. To the extent permitted by law, we give no condition, warranty or undertaking, and we make no representation to you, about the condition or suitability of the Carbon Neutral product, its quality, fitness for purpose or safety, other than those set out in these Carbon Neutral Terms.
  2. Nothing contained in these Carbon Neutral Terms is intended to exclude, restrict or modify the application of any implied condition or warranty, any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, where to do so would contravene that statute or cause any term of these Carbon Neutral Terms to be void.
  3. We exclude our liability to you for any loss or damage you suffer as a result of the total or partial failure to supply the Carbon Neutral product to your Premises, which includes any loss or damage you suffer as a result of the defective supply of the Carbon Neutral product.

11. Terminating these Carbon Neutral Terms

11.1 Termination events

These Carbon Neutral Terms have no fixed term and will only terminate on the earliest of:

  1. the date you and AGL agree to terminate these Carbon Neutral Terms;
  2. subject to clause ‎6‎(b), the effective date that your Standard Retail Contract ends or is terminated;
  3. the effective date of termination under clause ‎8‎(b) where you do not accept the notified variations;
  4. the date we notify you of immediate termination where:
    1. you have consumed an unreasonably excessive amount of electricity at the Premises; and have failed to reduce that consumption to our reasonable satisfaction within 5 Business Days after the date on which we give you a notice to do so;
    2. you have breached the Regulatory Requirements, your Standard Retail Contract or these Carbon Neutral Terms;
    3. you otherwise cease to meet the eligibility criteria in clause ‎2; or
    4. AGL's Climate Active Certification is suspended for any reason;
  5. the date that AGL's Climate Active Certification is terminated for any reason; or
  6. in any other circumstances, 5 Business Days after the date on which notice of termination is given by us or by you calling us, for any reason.

11.2 Consequences of termination

  1. Termination of these Carbon Neutral Terms will not affect:
    1. your Standard Retail Contract or prices for the sale of electricity applying to your Standard Retail Contract; or
    2. our or your obligations to pay any amount due at the effective termination date, or any accrued rights or remedies that we or you may have under these Carbon Neutral Terms.

11.3 Survival

Clauses ‎9‎(b), ‎10, ‎11.2, and ‎18 survive the termination of these Carbon Neutral Terms.

12. Suspension of Carbon Neutral Terms

Without limiting any of our other rights under your Standard Retail Contract and these Carbon Neutral Terms, we may suspend the provision of Carbon Neutral to you for any reason and for the period of time we consider appropriate, by notice to you. You are not required to pay Charges for Carbon Neutral in respect of the suspension period.

13. Calling us

As at the date of these Carbon Neutral Terms, you may call us on 131 245, which contact number may be updated from time to time by notice to you from us.

14. Notices and bills

  1. Notices and bills under these Carbon Neutral Terms must be sent in writing, unless stated otherwise.
  2. A notice or bill sent under these Carbon Neutral Terms is taken to have been received by you or by us (as relevant):
    1. on the date it is handed to the party, left at the party’s premises (in your case) or one of our offices (in our case) or successfully faxed to the party (which occurs when the sender receives a transmission report to that effect);
    2. on the date 2 Business Days after it is posted; or
    3. on the date of transmission (unless the sender receives notice that delivery did not occur or has been delayed) if sent electronically and the use of electronic communication has been agreed between us.
  3. (c) Our contact details for you to contact us or send us a notice are as set out in our bill to you, or as notified to you from time to time.

15. Privacy Act notice

We will comply with all relevant privacy legislation in relation to your personal information. You can find a summary of our privacy policy on our website. If you have any questions, you can contact our Privacy Officer.

16. Complaints and dispute resolution

16.1 Complaints

If you have a complaint relating to the supply of the Carbon Neutral product by us to you, or these Carbon Neutral Terms generally, you may lodge a complaint with us in accordance with our standard complaints and dispute resolution procedures, published on our website.

16.2 Our obligations in handling complaints

If you make a complaint, we must respond to your complaint within the required timeframes set out in our standard complaints and dispute resolution procedures and inform you:

  1. of the outcome of your complaint and the reasons for our decision; and
  2. that if you are not satisfied with our response, you may have a right to refer the complaint to the relevant energy Ombudsman, which means if your Premises are located within:
    1. New South Wales: the Energy and Water Ombudsman NSW;
    2. Queensland: the Energy and Water Ombudsman QLD;
    3. South Australia: the Energy Industry Ombudsman SA; or
    4. Victoria: the Energy and Water Ombudsman Victoria.

17. Applicable law

The laws in force in the State in which your Premises are located govern these Carbon Neutral Terms.

18. Definitions

Terms used in this document have the same meanings as given in your Standard Retail Contract. In addition:

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of state and territory fair trading legislation.

Carbon Neutral means the product named "Carbon Neutral" as described in clause ‎3‎(a).

Carbon Neutral Start Date means the date:

  1. you call us to record your acceptance;
  2. you accept digitally using our internet platform for Carbon Neutral;
  3. you indicate your acceptance by any other method accepted by AGL; or
  4. if you previously had an existing Market Contract with us, the date that your existing Market Contract is replaced by a Standard Retail Contract with us.

Carbon Neutral Terms means these terms and conditions for the provision of Carbon Neutral in respect of the Premises.

Charge means the amounts payable by you to us for Carbon Neutral as set out in these Carbon Neutral Terms.

Climate Active means the Australian government’s Climate Active initiative.

Climate Active Certification means the certification in respect of the Carbon Neutral product in the Climate Active initiative, issued in accordance with the Climate Active Carbon Neutral Standards administered by the Australian government.

Market Contract means a contract for the sale of electricity at the Premises that is not a Standard Retail Contract and is agreed between you and us, as a "market retail contract" under the National Energy Retail Law or the Energy Retail Code.

Premises means the premises to which the sale of electricity applies under your Standard Retail Contract.

Regulatory Requirements means any relevant Commonwealth, State or local government regulation, including all laws, regulations, subordinate legislation, proclamations, Orders in Council, licence conditions, codes, guidelines or standards (including Climate Active Certification, the Climate Active Carbon Neutral Standard or similar standards or requirements) applicable from time to time in the State in which the Premises is located.

Residential Customer means a person who purchases electricity principally for personal, household or domestic use at the Premises.

Standard Retail Contract means a contract for the sale of electricity at the Premises (as varied from time to time) in respect of a standing offer under the National Energy Retail Law or the Energy Retail Code.





Carbon Neutral Terms (for Small Business Customers with a Market Contract) Effective 1 July 2020

1. Eligibility

These Carbon Neutral Terms only apply if:

  1. you are a Small Business Customer with a registered ABN or ACN that has a Market Contract and account in effect with us for electricity;
  2. you do not have more than ten Supply Addresses; and
  3. your consumption of electricity is 20MWh or less per year at each separate Supply Address.

2. Carbon Neutral

  1. Carbon Neutral is an "Ancillary Product" under your Market Contract in respect of the Supply Address.
  2. The Carbon Neutral product delivers Climate Active Carbon Neutral certified electricity to the Supply Address under your Energy Plan.
  3. These Carbon Neutral Terms are separate to, and do not form part of or change, your Energy Plan and applicable Rates.

3. When do these Carbon Neutral Terms start?

  1. These Carbon Neutral Terms commence on the later of:
    1. your Carbon Neutral Acceptance Date; and
    2. the Supply Commencement Date under your Market Contract.
  2. On and from commencement, these Carbon Neutral Terms will be in effect at all times for the duration of your Market Contract, unless terminated earlier in accordance with clause ‎8.

4. When do these Carbon Neutral Terms end?

  1. These Carbon Neutral Terms will remain unchanged and will continue in effect notwithstanding any changes to, or replacements of, your Energy Plan or any Ancillary Products (other than Carbon Neutral) under your Market Contract, unless you cease to be eligible under clause ‎1 (eligibility) or a termination event occurs under clause ‎8.
  2. Subject to clause ‎1 (eligibility), you agree that Carbon Neutral follows the Supply Address where you continue to be a customer of AGL in the scenarios below, but you may opt-out in accordance with clause ‎8.1‎(f).
    1. If your Market Contract ends and is replaced with a new Market Contract with us for the same Supply Address within 5 Business Days from that end date, these Carbon Neutral Terms (also available online at https://www.agl.com.au/terms-conditions/carbon-neutral) will apply on and from the Supply Commencement Date under your new Market Contract.
    2. If your Market Contract ends and is replaced with a new Standard Retail Contract with us for the same Supply Address, we will notify you of separate Carbon Neutral terms that are also available online at https://www.agl.com.au/terms-conditions/carbon-neutral, which terms will apply on and from the start of that new Standard Retail Contract.
    3. If you move out of the Supply Address, you will need to apply to us if you would like to receive Carbon Neutral again.

5. Carbon Neutral Charge

  1. You must pay us a fixed Charge for Carbon Neutral of $4 per week. This Charge includes GST. You will be billed these Charges in accordance with your Market Contract.
  2. This fixed Charge for Carbon Neutral is payable by you to us regardless of the actual supply or usage of electricity at the Supply Address. For example, subject to clauses ‎8 and ‎9, this fixed Charge will continue to be payable if you do not consume (or consume low levels of) electricity at the Supply Address, during periods of disconnection or during a Force Majeure Event.

6. Changes to Price or Carbon Neutral Terms

  1. Notwithstanding clauses 5 and 6 of the General Terms, we may vary the Charges for Carbon Neutral or these Carbon Neutral Terms in our absolute discretion, by at least 5 Business Days' notice to you.
  2. If you do not accept any variations notified to you under clause ‎6‎(a), you may immediately terminate these Carbon Neutral Terms by calling us.
  3. We may otherwise vary these Carbon Neutral Terms with immediate effect by notice to you:
    1. where we are permitted to do so under the Regulatory Requirements;
    2. as we consider necessary to accommodate any changes in Regulatory Requirements;
    3. to make a change that you have requested or expressly consented to;
    4. to make an administrative or typographical change; or
    5. to make these Carbon Neutral Terms more favourable to you.

7. Climate Active Certification

  1. We hold Climate Active Certification in respect of our provision of Carbon Neutral. You may view our Climate Active Certification and Public Disclosure Statements at https://www.climateactive.org.au/buy-climate-active/certified-brands, as may be updated from time to time.
  2. Our Climate Active Certification and Carbon Neutral are subject to all Regulatory Requirements from time to time. We will not be liable to you or any third parties for any loss or damage arising from or in connection with:
    1. any changes to our Climate Active Certification or Carbon Neutral, caused or contributed to, by changes to or new Regulatory Requirements;
    2. our Climate Active Certification ceasing or being suspended for any reason; or
    3. any information in connection with our Climate Active Certification or Carbon Neutral (including the information provided in Public Disclosure Statements or on that website), including if that information is inaccurate, incomplete or contains errors.
  3. To obtain and maintain our Climate Active Certification, we will acquire and retire eligible carbon offset units from greenhouse gas abatement suppliers which are eligible under the Climate Active Certification program, in our absolute discretion. You are not able to direct or otherwise require us to allocate funds to any particular abatement projects or suppliers.

8. Terminating these Carbon Neutral Terms

8.1 Termination events

These Carbon Neutral Terms have no fixed term and will only terminate on the earliest of:

  1. the date you and AGL agree to terminate these Carbon Neutral Terms;
  2. subject to clause ‎4‎(b), the effective date that your Market Contract ends or is terminated;
  3. the effective date of termination under clause ‎6‎(b) where you do not accept the notified variations;
  4. the date we notify you of immediate termination where:
    1. you have consumed in excess of 20MWh of electricity per year at any Supply Address and have failed to reduce that consumption to our reasonable satisfaction within 5 Business Days after the date on which we give you a notice to do so;
    2. you have breached the Regulatory Requirements, your Market Contract or these Carbon Neutral Terms; or
    3. you otherwise cease to meet the eligibility criteria in clause ‎1; or
    4. AGL's Climate Active Certification is suspended for any reason;
  5. the date that AGL's Climate Active Certification is terminated for any reason; or
  6. in any other circumstances, 5 Business Days after the date on which notice of termination is given by us or by you calling us, for any reason.

8.2 Consequences of termination

  1. Termination of these Carbon Neutral Terms will not affect:
    1. your Market Contract, Energy Plan or applicable Rates; or
    2. our or your obligations to pay any amount due at the effective termination date, or any accrued rights or remedies that we or you may have under these Carbon Neutral Terms.

8.3 Survival

Clauses ‎7‎(b), ‎8.2 and ‎‎12 survive the termination of these Carbon Neutral Terms.

9. Suspension of Carbon Neutral Terms

Without limiting any of our other rights under your Market Contract and these Carbon Neutral Terms, we may suspend the provision of Carbon Neutral to you for any reason and for the period of time we consider appropriate, by notice to you. You are not required to pay Charges for Carbon Neutral in respect of the suspension period.

10. Calling us

As at the date of these Carbon Neutral Terms, you may call us on 131 245 which contact number may be updated from time to time by notice to you from us.

11. Existing Market Contract Terms

If you have an existing Market Contract with us, then except as otherwise provided in these Carbon Neutral Terms, your existing Market Contract terms will remain unchanged and will continue to apply to you, including the privacy, notices and complaints provisions.

12. Definitions

Capitalised terms in this document have the meanings given in your Market Contract, except the following terms defined below:

Carbon Neutral means the Ancillary Product named "Carbon Neutral" as described in clause ‎2.

Carbon Neutral Acceptance Date means the date you:

  1. call us to record your acceptance;
  2. accept digitally using our internet platform for Carbon Neutral; or
  3. indicate your acceptance by any other method accepted by AGL.

Carbon Neutral Terms means these terms and conditions for the provision of Carbon Neutral in respect of the Supply Address.

Climate Active means the Australian government’s Climate Active initiative.

Climate Active Certification means the certification in respect of the Carbon Neutral product in the Climate Active initiative, issued in accordance with the Climate Active Carbon Neutral Standards administered by the Australian government.

Market Contract means a contract for the sale and Supply of electricity at the Supply Address (as varied from time to time), which is made up of:

  1. the General Terms;
  2. the relevant Offer;
  3. any applicable Ancillary Product terms and conditions (other than these Carbon Neutral Terms);
  4. any schedule applicable to the Supply Address;
  5. the Fee Schedule relevant to the electricity; and
  6. any other document or part thereof incorporated by reference in the General Terms, which contains important information we are required to provide you under the Regulatory Requirements, including our complaints handling and dispute resolution procedure.

Regulatory Requirements means any relevant Commonwealth, State or local government regulation, including all laws, regulations, subordinate legislation, proclamations, Orders in Council, licence conditions, codes, guidelines or standards (including Climate Active certification, the Climate Active Carbon Neutral Standard or similar standards or requirements) applicable from time to time in the State in which the Supply Address is located.





Carbon Neutral Terms (for Small Business Customers with a Standard Retail Contract) Effective 1 July 2020

1. Parties

These Carbon Neutral Terms are made between:

  1. AGL who provides the Carbon Neutral product to you (in these Carbon Neutral Terms referred to as “we”, “our” or “us”); and
  2. You, the customer to whom these Carbon Neutral Terms apply (in these Carbon Neutral Terms referred to as “you” or “your”).

2. Eligibility

These Carbon Neutral Terms only apply if:

  1. you are a Small Business Customer with a registered ABN or ACN that has a Standard Retail Contract and account in effect with us for electricity;
  2. you do not have more than ten Premises; and
  3. your consumption of electricity is 20MWh or less per year at each separate Premises.

3. What is Carbon Neutral?

  1. The Carbon Neutral product delivers Climate Active Carbon Neutral certified electricity to your Premises.
  2. The Carbon Neutral product is not the sale of energy or the physical connection of your Premises to the distribution system.
  3. The sale of energy for your Premises is:
    1. separately governed by your Standard Retail Contract; and
    2. is not covered by these Carbon Neutral Terms.
  4. The physical connection of your Premises to the distribution system is under a separate customer connection contract with your distributor.

4. Your Standard Retail Contract is separate

  1. These Carbon Neutral Terms are separate to, and do not form part of or change, your Standard Retail Contract or prices for the sale of electricity applying to your Standard Retail Contract.
  2. Your existing Standard Retail Contract terms will remain unchanged and will continue to apply to you, regardless of whether these Carbon Neutral Terms commence, change or end.

5. When do these Carbon Neutral Terms start?

  1. These Carbon Neutral Terms commence on the later of:
    1. your Carbon Neutral Start Date; and
    2. the start of your Standard Retail Contract.
  2. On and from commencement, these Carbon Neutral Terms will be in effect at all times for the duration of your Standard Retail Contract, unless terminated earlier in accordance with clause ‎11.

6. When do these Carbon Neutral Terms end?

  1. These Carbon Neutral Terms will remain unchanged and will continue in effect notwithstanding any changes to, or replacements of, your Standard Retail Contract, unless you cease to be eligible under clause ‎‎2 (eligibility) or a termination event occurs under clause ‎‎11.
  2. Subject to clause ‎‎2 (eligibility), you agree that Carbon Neutral follows the same Premises if you continue to be a customer of AGL in the scenarios below, but you may opt-out in accordance with clause ‎11.1‎(f).
    1. If your Standard Retail Contract is replaced with a new Standard Retail Contract with us for the same Premises, these Carbon Neutral Terms (also available online at https://www.agl.com.au/terms-conditions/carbon-neutral) will apply on and from the start of that new Standard Retail Contract.
    2. If your Standard Retail Contract is replaced with a new Market Contract with us for the same Premises, we will notify you of separate Carbon Neutral terms that are also available online at https://www.agl.com.au/terms-conditions/carbon-neutral, which terms will apply on and from the Supply Commencement Date of that new Market Contract.
    3. If you move out of the Premises to a new premises, you will need to apply to us if you would like to receive Carbon Neutral again.

7. Carbon Neutral Charge

7.1 What are our Charges?

  1. You must pay us a fixed Charge for Carbon Neutral of $4 per week.
  2. This Charge includes GST.
  3. The fixed Charge for Carbon Neutral is payable by you to us regardless of the actual supply or usage of electricity at the Premises. For example, subject to clauses ‎11 and ‎12, this fixed Charge will continue to be payable if you do not consume (or consume low levels of) electricity at the Premises, during periods of disconnection or during an event outside of the control of a party.

7.2 Billing

  1. The fixed Charge for Carbon Neutral will either appear as a separate line item on the bill under your Standard Retail Contract or be included in a separate bill under these Carbon Neutral Terms.
  2. We will send a bill to you as soon as possible after the end of each billing cycle. We will send the bill:
    1. to you at the address nominated to you; or
    2. to a person authorised in writing by you to act on your behalf at the address specified by you.

7.3 Paying your bill

You must pay your bill in accordance with clause 10 (Paying your bill) of your Standard Retail Contract, read as though that clause applies to bills which include the fixed Charge for Carbon Neutral.

8. Changes to Charge or Carbon Neutral Terms

  1. We may vary the Charges for Carbon Neutral or these Carbon Neutral Terms in our absolute discretion, by at least 5 Business Days' notice to you.
  2. If you do not accept any variations notified to you under clause ‎8‎(a), you may immediately terminate these Carbon Neutral Terms by calling us.
  3. We may otherwise vary these Carbon Neutral Terms with immediate effect by notice to you:
    1. where we are permitted to do so under the Regulatory Requirements;
    2. as we consider necessary to accommodate any changes in Regulatory Requirements;
    3. to make a change that you have requested or expressly consented to;
    4. to make an administrative or typographical change; or
    5. to make these Carbon Neutral Terms more favourable to you.
  4. Any other amendment to these Carbon Neutral Terms (not addressed under clauses ‎8‎(a), ‎8‎(b)or ‎8‎(c)) may only be agreed by you and us in writing.

9. Climate Active Certification

  1. We hold Climate Active Certification in respect of our provision of Carbon Neutral. You may view our Climate Active Certification and Public Disclosure Statements at https://www.climateactive.org.au/buy-climate-active/certified-brands, as may be updated from time to time.
  2. Our Climate Active Certification and Carbon Neutral are subject to all Regulatory Requirements from time to time. We will not be liable to you or any third parties for any loss or damage arising from or in connection with:
    1. any changes to our Climate Active Certification or Carbon Neutral, caused or contributed to, by changes to or new Regulatory Requirements;
    2. our Climate Active Certification ceasing or being suspended for any reason; or
    3. any information in connection with our Climate Active Certification or Carbon Neutral (including the information provided in Public Disclosure Statements or on that website), including if that information is inaccurate, incomplete or contains errors.
  3. To obtain and maintain our Climate Active Certification, we will acquire and retire eligible carbon offset units from greenhouse gas abatement suppliers which are eligible under the Climate Active Certification program, in our absolute discretion. You are not able to direct or otherwise require us to allocate funds to any particular abatement projects or suppliers.

10. Our liability

  1. To the extent permitted by law, we give no condition, warranty or undertaking, and we make no representation to you, about the condition or suitability of the Carbon Neutral product, its quality, fitness for purpose or safety, other than those set out in these Carbon Neutral Terms.
  2. Nothing contained in these Carbon Neutral Terms is intended to exclude, restrict or modify the application of any implied condition or warranty, any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, where to do so would contravene that statute or cause any term of these Carbon Neutral Terms to be void.
  3. We exclude our liability to you for any loss or damage you suffer as a result of the total or partial failure to supply the Carbon Neutral product to your Premises, which includes any loss or damage you suffer as a result of the defective supply of the Carbon Neutral product.

11. Terminating these Carbon Neutral Terms

11.1 Termination events

These Carbon Neutral Terms have no fixed term and will only terminate on the earliest of:

  1. the date you and AGL agree to terminate these Carbon Neutral Terms;
  2. subject to clause ‎6‎(b), the effective date that your Standard Retail Contract ends or is terminated;
  3. the effective date of termination under clause ‎8‎(b) where you do not accept the notified variations;
  4. the date we notify you of immediate termination where:
    1. you have consumed in excess of 20MWh of electricity per year at a Premises and have failed to reduce that consumption to our reasonable satisfaction within 5 Business Days after the date on which we give you a notice to do so;
    2. you have breached the Regulatory Requirements, your Standard Retail Contract or these Carbon Neutral Terms;
    3. you otherwise cease to meet the eligibility criteria in clause ‎2; or
    4. AGL's Climate Active Certification is suspended for any reason;
  5. the date that AGL's Climate Active Certification is terminated for any reason; or
  6. in any other circumstances, 5 Business Days after the date on which notice of termination is given by us or by you calling us, for any reason.

11.2 Consequences of termination

  1. Termination of these Carbon Neutral Terms will not affect:
    1. your Standard Retail Contract or prices for the sale of electricity applying to your Standard Retail Contract; or
    2. our or your obligations to pay any amount due at the effective termination date, or any accrued rights or remedies that we or you may have under these Carbon Neutral Terms.

11.3 Survival

Clauses ‎9‎(b), ‎10, ‎11.2, and ‎18 survive the termination of these Carbon Neutral Terms.

12. Suspension of Carbon Neutral Terms

Without limiting any of our other rights under your Standard Retail Contract and these Carbon Neutral Terms, we may suspend the provision of Carbon Neutral to you for any reason and for the period of time we consider appropriate, by notice to you. You are not required to pay Charges for Carbon Neutral in respect of the suspension period.

13. Calling us

As at the date of these Carbon Neutral Terms, you may call us on 131 245, which contact number may be updated from time to time by notice to you from us.

14. Notices and bills

  1. Notices and bills under these Carbon Neutral Terms must be sent in writing, unless stated otherwise.
  2. A notice or bill sent under these Carbon Neutral Terms is taken to have been received by you or by us (as relevant):
    1. on the date it is handed to the party, left at the party’s premises (in your case) or one of our offices (in our case) or successfully faxed to the party (which occurs when the sender receives a transmission report to that effect);
    2. on the date 2 Business Days after it is posted; or
    3. on the date of transmission (unless the sender receives notice that delivery did not occur or has been delayed) if sent electronically and the use of electronic communication has been agreed between us.
  3. Our contact details for you to contact us or send us a notice are as set out in our bill to you, or as notified to you from time to time.

15. Privacy Act notice

We will comply with all relevant privacy legislation in relation to your personal information. You can find a summary of our privacy policy on our website. If you have any questions, you can contact our Privacy Officer.

16. Complaints and dispute resolution

16.1 Complaints

If you have a complaint relating to the supply of the Carbon Neutral product by us to you, or these Carbon Neutral Terms generally, you may lodge a complaint with us in accordance with our standard complaints and dispute resolution procedures, published on our website.

16.2 Our obligations in handling complaints

If you make a complaint, we must respond to your complaint within the required timeframes set out in our standard complaints and dispute resolution procedures and inform you:

  1. of the outcome of your complaint and the reasons for our decision; and
  2. that if you are not satisfied with our response, you may have a right to refer the complaint to the relevant energy Ombudsman, which means if your Premises are located within:
    1. New South Wales: the Energy and Water Ombudsman NSW;
    2. Queensland: the Energy and Water Ombudsman QLD;
    3. South Australia: the Energy Industry Ombudsman SA; or
    4. Victoria: the Energy and Water Ombudsman Victoria.

17. Applicable law

The laws in force in the State in which your Premises are located govern these Carbon Neutral Terms.

18. Definitions

Terms used this document have the same meanings as given in your Standard Retail Contract. In addition:

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of state and territory fair trading legislation.

Carbon Neutral means the product named "Carbon Neutral" as described in clause ‎3‎(a).

Carbon Neutral Start Date means the date:

  1. you call us to record your acceptance;
  2. you accept digitally using our internet platform for Carbon Neutral;
  3. you indicate your acceptance by any other method accepted by AGL; or
  4. if you previously had an existing Market Contract with us, the date that your existing Market Contract is replaced by a Standard Retail Contract with us.

Carbon Neutral Terms means these terms and conditions for the provision of Carbon Neutral in respect of the Premises.

Charge means the amounts payable by you to us for Carbon Neutral as set out in these Carbon Neutral Terms.

Climate Active means the Australian government’s Climate Active initiative.

Climate Active Certification means the certification in respect of the Carbon Neutral product in the Climate Active initiative, issued in accordance with the Climate Active Carbon Neutral Standards administered by the Australian government.

Market Contract means a contract for the sale of electricity at the Premises that is not a Standard Retail Contract and is agreed between you and us, as a "market retail contract" under the National Energy Retail Law or the Energy Retail Code.

Premises means the premises to which the sale of electricity applies under your Standard Retail Contract.

Regulatory Requirements means any relevant Commonwealth, State or local government regulation, including all laws, regulations, subordinate legislation, proclamations, Orders in Council, licence conditions, codes, guidelines or standards (including Climate Active Certification, the Climate Active Carbon Neutral Standard or similar standards or requirements) applicable from time to time in the State in which the Premises is located.

Small Business Customer means a business customer who consumes electricity at business premises below the levels prescribed under the National Energy Retail Law or if the Premises is in Victoria, under the Energy Retail Code.

Standard Retail Contract means a contract for the sale of electricity at the Premises (as varied from time to time) in respect of a standing offer under the National Energy Retail Law or the Energy Retail Code.