1. Introduction

Jackgreen (International) Pty Ltd ACN 097 708 104 of Suite 9/29 Hunter Street, Parramatta, NSW 2150, Phone: 1300 46 5225 ("us" or "we") and the customer ("you"), enter into an electricity sale agreement which embodies the following terms and conditions.

1.1 Interpreter Services

1.2 Definitions

In your agreement with us, the following terms have the following meanings:

• "Administration fee" means the charge to you for any reasonable costs incurred by Jackgreen for processing of late payments, non direct debit payments, churn fees and reissue of materials previously provided to you by Jackgreen and any other costs incurred if you do not comply with your contract.
• "Connection Services" means the connection of the Supply Address to the local electricity distribution system.
• "Contract" means your market contract with Jackgreen.
• "Retail Supply Agreement" means the form completed and signed by you, or, if you apply to become a Jackgreen Customer through the Jackgreen website, the form submitted, or if you become a Jackgreen customer by telephone, means the agreement as recorded.
• "Service Provider" means the electricity distributor in your distribution area.
• "Small Retail Customer" means a Customer consuming no more than 160 megawatt hours of electricity per annum at a Supply Address.
• "Supply Address" means the site where you accept electricity supply from us.

2. Negotiated Customer Supply Contract

2.1. Your Contract with us is a market contract.

It consists of your Retail Supply Agreement and these Terms and Conditions, and any documents incorporated by reference into these terms and conditions, including our:

• Minimum Service Standards
• Guaranteed Customer Service Standards
• Statement of Customer Rights.

3. Your Agreement with Us

3.1. Jackgreen, as your electricity retail supplier, agrees to supply electricity to you as a Small Retail Customer and you agree to purchase electricity from Jackgreen and accept the supply of electricity at the Supply Address.

3.2. By entering into this Contract, you also acknowledge that you are choosing Jackgreen as your electricity supplier and you agree to your Supply Address being transferred to Jackgreen.

4. Commencement of Contract

4.1. Your Contract will commence on the Commencement Date, which is the day your Contract is entered into. Your Contract is entered into when we give you or send you a copy of your Retail Supply Agreement and these Terms and Conditions.

4.2. The actual supply of electricity under your Agreement will commence when your Supply Address is transferred to Jackgreen as your electricity supplier, which can be up to 3 months from the Retail Supply Agreement Date. Your Agreement will continue for the period stipulated in the Retail Supply Agreement, starting from the date we begin to supply electricity to the Supply Address.

4.3. Where you are already our customer and you are renewing or extending your contract, your contract will become effective on the agreed date of the renewal or extension specified in the Retail Supply Agreement.

4.4. For the purposes of clause 42(2) of the Regulation and Clause 7.1.1 of the Code, your Contract will be deemed to be entered into when the requirements of this clause 4. have been met.

4.5. The supply of electricity may commence at an earlier date than is specified under this clause 4 if:

• the supply of electricity to the Supply Address involves the provision of a new connection service, or
• You were, immediately before the commencement of the contract, being supplied electricity by a retailer under a new occupant supply arrangement or an exempt last resort arrangement.

4.6. Jackgreen will not start to supply electricity to the Supply Address if any payments that are due have not been paid, or if security has been requested but not paid, or if you have not arranged connection to the Supply Address.

5. Compliance with Applicable Law

5.1. This Contract complies with all applicable laws, codes and regulations, including the Electricity Supply Act 1995 ("the Act"), the Electricity Supply (General) Regulation 2001 ("the Regulation"), the Marketing Code of Conduct ("the Code") and any instruments made under the Act.

6. Cooling-Off Period During Which You May Terminate

6.1 You may terminate your Contract by giving written notice to Jackgreen within 10 business days of the Commencement Date (the "Cooling off Period"). If you terminate your Contract within this period, you will not have to pay Jackgreen anything. Your contract will be terminated upon receipt of the Cancellation Form in your Customer Information Booklet. Your Cancellation Form must include all the details requested on the form. Your Cancellation Form must be sent to:

• By Post — Cancellations Officer, PO Box 1439, Macquarie Street,Parramatta NSW 2150
• By Email — Cancellations Officer, enquiries@jackgreen.com.au
• By Fax — Cancellations Officer, 02 9407 2285

6.2 If you cancel your agreement after the Cooling Off period, Jackgreen are entitled to charge you a Churn out fee of $49 as per clause 8.3.

7. Jackgreen May Cancel

7.1. Jackgreen reserves the right to cancel your Contract at any time before the Supply Address is transferred to Jackgreen as your electricity supplier, if Jackgreen is not satisfied with your credit history, or if your Contract does not pass our verification process.

7.2. If Jackgreen does not cancel your Contract, and you do not terminate your Contract within the Cooling-off Period, Jackgreen will confirm your Contract by sending you a "Welcome to Jackgreen" pack.

8. Duration of Your Contract

8.1. This market contract does not have a fixed contract term.

8.2. The "Welcome to Jackgreen" pack will confirm the date on which Jackgreen started to supply electricity to your Supply Address, and any payments that are due, and whether any security must be provided.

8.3. You have the right to cancel your agreement any time after the Cooling off Period in writing. Failure to notify Jackgreen in writing that you wish to cancel your contract will attract a $49 churn out fee.

8.4. Your notice can be posted to Jackgreen at Suite 9, 29 Hunter Street, Parramatta NSW 2150 or sent to us by fax to 02 9407 2285, or emailed to us at enquiries@jackgreen.com.au

8.5. For your convenience, a cancellation form will be included in your "Welcome to Jackgreen" pack.

9. Supply of Electricity

9.1. Your Service Provider is responsible for the physical supply of electricity to the Supply Address. The supply of electricity may be subject to variations in voltage and frequency and may contain voltage surges, which may cause damage to your equipment. We are unable to guarantee the quality and security of supply of electricity. Your Service Provider may disconnect, interrupt or reduce the supply of electricity to the Supply Address. To the extent permitted by law, you agree to release us from any liability for such disconnection, interruption or reduction in the supply of electricity or any variation in the voltage and frequency of the supply. To the extent permitted by the Trade Practices Act 1974, all warranties are excluded.

10. Connection Services

10.1. You may request that we arrange on your behalf, for Connection Services to be provided to your Supply Address. If we do arrange Connection Services for you, you must pay to us the charges for the Connection Services provided to you by the Service Provider and arranged by us.

10.2. However, you are not prevented from making arrangements directly with a Service Provider for the provision of Customer Connection Services.

10.3. You must pay us the charges for Connection Services provided to you by the Service Provider and arranged by us.

10.4. Your Contract applies to charges for Connection Services arranged by us in the same way as it applies to charges for electricity under your Contract.

11. Payments

11.1 If you have nominated to pay your account monthly, your first Monthly Payment Amount is payable to Jackgreen one month after the transfer of your Supply Address to Jackgreen, and then on the same day of each month. Your Monthly Payment Amount is based on your projected annual consumption, divided into 12 equal portions. If you have nominated quarterly billing, your payment is required by the nominated due date on the invoice.

11.2. The "Welcome to Jackgreen" pack will confirm your Monthly Payment Amount and the date the payments are due.

11.3 The metered consumption of electricity will be measured on each meter read, which will normally be every three months. After each meter read, we will send you a statement showing how much you have paid and how much electricity you have used.

11.4. Payments are to be made quarterly in arrears or monthly prorated.

12. Possible additional payments

12.1. You may be required to pay the following additional payments:

• Non Direct Debit Charge. If you choose a payment method other than direct debit, we will charge you $2.00 per month. Payments via direct debit do not incur the Non Direct Debit Charge. If a direct debit is rejected by your bank or financial institution, we will charge you any bank, charge or credit card costs incurred by us.
• Green Power Premium. If you have selected our Green Power accredited product you must pay us the additional charges as stipulated in Schedule 1.0 at the end of these terms and conditions.
• Administration Fee. If you terminate your Contract after the Cooling Off Period, and fail to notify us in writing then you will be required to pay a churn out fee of $49.
• Administration Payment. An Administration Payment will be charged by Jackgreen for reasonable costs incurred by Jackgreen if you do not comply with your contract or if you request something that is not contemplated in your agreement.
• Disconnection and Reconnection Payments. If Jackgreen disconnects the supply of electricity to your Supply Address.

13. Variation of payments

13.1. From time to time government or electricity industry participants may impose new or increased charges or taxes. If Jackgreen has to pay any new or increased charges or taxes, we will notify you of these price changes immediately.

14. Safe access to Supply Address

14.1. To enable us to charge you accurately you must give meter readers and our authorised officers safe access at all reasonable times to the meters and your Supply Address at the point at which the Network Operator distribution system connects to your Supply Address.

15. Estimating usage

15.1. If your meter is not read for any reason or if your meter is faulty, we may estimate the amount of electricity you have used. Subsequent statements or invoices will be adjusted for the difference between the estimates and the actual amount of electricity used, based on the reading of the meter. You give your consent for us to use estimates for the calculation of charges.

16. Direct debits

16.1. The amount owing to us under your Contract, will be debited from the bank account or credit card specified on the Direct Debit Form.

17. Payment Default

17.1. If you do not make a payment by the due date, we may require you to pay interest on the amount owing. If we are entitled to charge you interest on an unpaid account, the rate at which that interest may be charged will not exceed the rate prescribed under section 95(1) of the Supreme Court Act 1970 (NSW) for payment of interest on a judgment debt.

17.2. If a direct debit is rejected by your bank or financial institution, we will charge you any bank, charge or credit card costs incurred by us and any costs and expenses incurred in connection with recovering the amount in full.

18. Security

18.1. You must provide us with any security requested by us prior to commencing supply. In addition, by written notice to you at any time thereafter, we may require you to provide security or, as the case may be, further security of a type and on terms and conditions that we reasonably require. The amount of security will not exceed two months’ estimated charges. You must pay us the security within 10 business days after we request it.

18.2. We may not use any part of a security deposit paid under your contract to recover amounts due in respect of charges other than charges related to the supply of electricity or Connection Services arranged by us.

18.3. At any time, we may use the security to pay amounts owing by you to us in respect of Connection Services or the supply of electricity only. Jackgreen may only use the Security to recover amounts owing to us for electricity or for Connection Services arranged by us.

18.4. No interest is payable in respect of any security paid by you. On termination of your Contract, we will return to you the balance (if any) of security remaining after all payments in respect of the supply of electricity or Connection Services have been received.

19. Payment Difficulty

19.1 If you have difficulty in paying for electricity you must contact us or phone Jackgreen on 1300 465225 to discuss whether we can help you by an instalment plan, referral to an independent financial counsellor or whether you are eligible under government concession or grant scheme or for advice about efficient energy use.

20. Last Resort Supply Arrangements

20.1. We will notify you if you become subject to Last Resort Supply Arrangements (as described in the Regulation), and we may transfer you to another electricity retail supplier. We are not entitled to any compensation or other payment in respect of a transfer including any cost incurred by us in relation to that transfer.

21. When Disconnection of Supply May Occur

21.1 We may discontinue the supply of electricity to your Supply Address if the period of supply under your Contract ends or if you or the person who owns or occupies the Supply Address:

• Have or has failed to provide any security required for the payment of any charges related to the supply of electricity or Connection Services arranged, or
• Have or has failed to pay an amount due to us under the Contract with respect to the supply of electricity or Connection Services arranged by us, or
• Have or has refused or failed to give an authorised officer access to any premises supplied with electricity by us in accordance with any right to access provided for in the Act or your Contract, or
• Have or has obstructed the authorised person in relation to any act, matter or thing done or to be done in carrying out any function under the Contract.

22. When Disconnection May Not Occur

22.1. We may not disconnect the Supply Address or request that the Supply Address be disconnected, from the distribution system on grounds arising under this Contract:

• while any application made by you for assistance under any Government funded rebate or relief scheme that is available to Customers, or any payment plan that is available to Customers and is operated by us, is pending, or
• while any life support system that relies on electricity for its operation is in use at the Supply Address. This is subject to receiving a medical certificate to verify that life support is required at the Supply Address.

23. Discontinuation of Supply at Your Request

23.1. You must give us at least 72 hours notice of your desire that the supply of electricity to your Supply Address be discontinued.

23.2. If you do not give this notice, you will be liable for all charges in respect of the supply concerned, and any charges for Connection Services arranged by us, until the end of a specified period (not exceeding 72 hours) after we become aware of your desire that supply be discontinued or until the supply is discontinued or is otherwise transferred, whichever happens first.

23.3. This does not apply if we enter into, or are taken to have entered into, a new Customer supply contract in respect of the Supply Address.

24. Extension of Your Contract

24.1. We will continue to be the supplier for your Supply Address until you choose another electricity supplier or until your Supply Address is disconnected, whichever occurs first.

25. Changing Supply Address

25.1. If you are moving from your Supply Address, but want to continue as a Jackgreen Customer, call us on 1300 46 5225 to notify us of the new Supply Address and the date on which you will move there, not less than 14 days before you move. If we supply electricity in the area where your new Supply Address is located, we will transfer your Contract to your new Supply Address.

26. Variation of your Charges

26.1. We may vary the charges payable for electricity under your Contract. If we are going to vary your charges, we will give you at least 14 days written notice of the variation. The notice will specify the date when the changes will take effect and will provide details of the new rates or the amount of the variation. Any variation will take effect from the date specified in the notice.

26.2. Any variation under clause 26.1 will reflect changes in the regulated retail tariffs for your local distribution area.

27. Complaints and Disputes

27.1. If you have a complaint of any nature, we encourage you to call our Customer Service line. If we do not acknowledge your complaint by telephone or in writing within 5 business days or if we do not resolve it within the timeframe agreed between you and us, you may call our Service Improvement Team on 1300 46 5225.

27.2. We will try to resolve any complaint quickly and we will give you written notice of our proposed resolution or our decision. If you are not satisfied with our proposed resolution or decision you may appeal it by notifying us (either in writing or orally) within 28 days after you receive our notice. If we do not resolve the dispute or you are not satisfied with our decision after it has been reviewed, you may refer to the dispute resolution process set out in the Jackgreen Complaints Handling Policy. The Jackgreen Complaints Handling Policy may be found online at: www.jackgreen.com.au. Alternatively, you can request a written copy of us.

27.3. Having followed this process, if you are not satisfied with our decision you may refer the matter to the Energy, Water Ombudsman NSW. If a matter has been referred to the Ombudsman, Jackgreen will comply with the decision made by the Ombudsman.

28. Guaranteed Customer Service Standards

28.1. Our Guaranteed Customer Service Standards are also incorporated in these Terms and Conditions. They are the matters set out in Part 2 of Schedule 2 of the Regulation. The Regulation requires us to inform you about these. They are available from us, in printed form, free of charge. They are also available on our web site at www.jackgreen.com.au

29. Statement of the Customer’s Rights

29.1. Under Division 4 of Part 3 of the Regulation, we are obliged to provide you with a statement of your rights in relation to charges and bills. This statement of your rights is available from us, in printed form, free of charge. It is also available on our web site at www.jackgreen.com.au

30. Minimum Service Standards

30.1. As required by schedule 1 of the Regulation, our Minimum Standards of Service are incorporated into your Contract. We will provide these standards of service to you. The Regulation requires us to inform you about these. They are available from us, in printed form, free of charge. They are also available on our web site at www.jackgreen.com.au

31. Confidentiality

31.1. You agree to keep confidential all reasonably commercially sensitive or confidential information relating to this contract.

32. Assignment

32.1. You may assign this Contract only with Jackgreen’s written consent. Jackgreen may assign, transfer or novate your Contract without your consent.

33. Notices

33.1. Unless otherwise stated, notices given by us may be given by telephone, fax, email or post to the number or address as set out in the Retail Supply Agreement. Any notice you are required to give us must be in writing and may be given by fax, email or post.

1. If your contact details are going to change, you must give us 14 business days advance notice of the change.

34. Energy Efficiency

34.1 We will provide free of charge, if requested by you to do so you, information about efficient energy consumption.

35. Privacy Policy

35.1 Jackgreen respects your right to Privacy protection and is required to comply with the National Privacy Principles in force under the Privacy Act 1988 (Cth). Please refer to the Jackgreen website ( www.jackgreen.com.au) for a copy of this policy. Alternatively, you can request a written copy from us.