Please read these terms carefully as it will tell you what you need to know about the terms and conditions of participating in the AGL Peak Energy Rewards Program (‘Program’). These terms and conditions are between AGL Energy Services Pty Limited ABN 57 074 821 720 (referred to as ‘we,’ ‘use’ or ‘our’ in this document) and you (referred to as ‘you’ or ‘your’ in this document), the participant in this Program.

These terms and conditions are supplementary to the standard terms and conditions for the supply of gas, electricity, solar PV and energy storage which will still apply to you. Your contract with AGL relating to your energy plan will continue to apply, except where there is a conflict with these terms and conditions, in which case these terms and conditions will apply to the extent of the conflict and permissible by law.

You can view our General Terms at www.agl.com.au.


1. Eligibility and conditions of participation

1.1 To participate in this Program, you must:

(a) be a residential owner or tenant responsible for the electricity supply to your Premises;
(b) be and remain the AGL account holder for the Premises for the Term;
(c) use a smart meter at the Premises and;
(d) be able and prepared to reduce your electricity consumption when requested by us.

1.2 Despite clause 1.1, you are not eligible to participate in this Program if:

(a) Life Support Equipment is installed or used at the Premises;
(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 Premises 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.

1.3 You agree to maintain your contact details, including your residential address and contact details via this website.

1.4 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.


2 Peak Event

2.1 Prior to an anticipated Peak Event, we will contact you by email, text message or telephone inviting you to make adjustments to your electricity consumption in order to reduce your overall electricity usage during the Peak Event (‘Peak Event Request’).

2.2 It is up to you to decide whether to accept, and therefore participate in a Peak Event. If you choose to participate, you have absolute discretion in how much you reduce your electricity usage by during the relevant Peak Event.

2.3 While each Peak Event may last for up to four hours each, we may notify you of consecutive Peak Events in one day.

2.4 While we anticipate that there would be up to 12 Peak Event Requests during the period of the Program, you acknowledge and accept that we have no obligation to make any Peak Event Request to you. We also acknowledge that you are under no obligation to accept any Peak Event Request.

2.5 You are responsible for and must assess and take care of the health and safety of yourself and any other person in your Premises 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.


3 Participation Payment

3.1 Subject to clause 4.2, by successfully enrolling in this Program, we will pay you a $50 gift card.

3.2 We will make payment of the amounts specified in clauses 3.1 and 3.2 in arrears by way of a Visa gift card (or similar). We anticipate making payment by April 2018 and (if applicable) November 2018. You acknowledge and accept that separate terms and conditions may apply when using the Visa gift card (or similar).

3.3 We will measure your reduction in electricity usage based on information which we receive from your smart meter at the Premises. We will pay you a further $2 for every kilowatt hour reduction in your electricity consumption during a Peak Event, based on your reduction from your baseline to your actual consumption during the relevant Peak Event. The baseline represents the electricity we estimate you would have consumed if you hadn’t taken any reduction measures. We measure this based on your average consumption at that time of the day, at that temperature, over the last five weeks. We then overlay whether the usage was on a week day versus weekend day and anchor it on your usage around the Peak Event.


4 Duration and Termination of the Program

4.1 Subject to clause 4.2, the Program will start on 1 January 2018 and ends on 30 November 2018 (‘Term’).

4.2 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 make Peak Event Requests to you. If you end your involvement in the Program before 1 January 2018, we will not make a participation payment under clause 3.1.

4.3 We may also end the Program at any time by providing you with notice in writing.


5 Liability

5.1 You are responsible for any decision that you make to reduce your electricity consumption, and ensuring that any appliances or devices within your home is functioning in a proper manner.

5.2 In responding to a Peak Event Request, we encourage you to consider if reducing your energy consumption during a Peak Event may damage or compromise your appliances or devices.

5.3 Provided we comply with our obligations under clause 3.4, you acknowledge and accept that any determination that we make regarding the amount you have reduced your electricity is final and binding.

5.4 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.


6 Privacy and confidentiality

6.1 We will handle your personal information in accordance with our privacy policy available at https://www.agl.com.au/privacy-policy

6.2 You agree that we may access and use your half-hourly meter reads for any reasonable purposes in connection with this Program, including to calculate and process your Participation Payment and to provide reporting to any Regulatory Authority.

6.3 Due to the commercially sensitive nature of the Program, we request that you do not disclose or make public any information about the Program, including your participation in the Program, a Peak Event Request and any Participation Payments without our consent.

6.4 You agree and consent to us or our related companies:

(a) contacting you regarding a Peak Event Request, the reduction in your energy 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 energy 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 energy 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.


7 Definitions

The following definitions apply unless the context requires otherwise:

‘Knowledge Sharing Activities’ means any activities contemplated by any agreement or regulatory arrangements between us and a Regulatory Authority, our related companies, an electricity distributor or network service provider.

‘Life Support Equipment’ means any equipment defined under the National Energy Retail Rules as life support equipment including:

(a) an oxygen concentrator;
(b) an intermittent peritoneal dialysis machine;
(c) a kidney dialysis machine;
(d) a chronic positive airways pressure respirator;
(e) crigler najjar syndrome phototherapy equipment;
(f) a ventilator for life support; or
(g) any other equipment that a registered medical practitioner has certified is required for a person residing at the Premises for life support.

‘Participation Payment’ means the payments specified in clause 3.

‘Peak Event’ means any period of four 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.

'Premises’ means your residential supply address that you provide us with an update 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 4.1.

'Program' means this AGL Peak Energy Rewards program.