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.
• "Agreement" means your retail electricity agreement with Jackgreen.
• "Code" means the Energy Retail Code of the State in which the Supply Address is located.
• "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.
• "Supply Address" means the site where you accept electricity supply from us.

2. Your Agreement with Us

2.1.Your Agreement with us consists of these Terms and Conditions, and your Retail Supply Agreement signed by you or entered into by telephone or over the Internet.

2.2. We will sell electricity to you and you will purchase electricity from us and accept the supply of electricity at the Supply Address for the duration of your Agreement.

2.3. By entering into this Agreement, you also acknowledge that you are choosing Jackgreen as your electricity supplier and you give your explicit informed consent to your Supply Address being transferred to Jackgreen.

3. Commencement of Agreement

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

3.2. 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.

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

4. Cooling-Off Period during Which You May Terminate

1. You may terminate your Agreement by giving written notice to Jackgreen within 10 business days of the Commencement Date (the "Cooling off Period"). If you terminate your Agreement within this period, you will not have to pay Jackgreen anything. Your contract will be terminated upon written notification. Your cancellation letter can 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

5. Jackgreen May Cancel

5.1. Jackgreen reserves the right to reject your Agreement at any time before the Supply Address is transferred to Jackgreen. Jackgreen may reject your Agreement if we are not satisfied with your credit history, or if your Agreement does not pass our contract verification process.

6. Duration of Your Agreement

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

• 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.

6.3. 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.

7. Supply of Electricity

7.1. 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.

8. Payments

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.

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

8.3 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.

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

9. Possible additional payments

9.1. 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.

10. Estimating usage

10.1. 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 explicit informed consent for us to use estimates for the calculation of charges.

10.2 To enable Jackgreen to charge you accurately you must give meter readers and our authorised officers safe access at all reasonable times to the meters and your Premises at the point at which the Service Providers distribution systems connects to your premises.

11. Direct debits

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

12. Direct Debit Default

12.1. 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.

13. Security

13.1. 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.

13.2. 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.

13.3. 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.

13.4. 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.

14. Payment Difficulty

14.1 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.

15. Last Resort Supply Arrangements

15.1. If a Last Resort Event occurs to us (meaning an event that triggers the operation of the Last Resort Scheme approved by the jurisdictional regulator), we must immediately cancel any direct debit arrangement and notify you and your financial institution of the cancellation.

15.2. Where the Supply Address is in South Australia and the Code applies, your Agreement will terminate in the event that we are no longer entitled to sell electricity due to a Last Resort Event occurring to us, and we must within one business day provide your name billing address and assigned metering identifier to the entity appointed as the retailer of last resort.

16. When Disconnection of Supply May Occur

16.1 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.

17. When Disconnection May Not Occur

17.1. 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.

18. Termination and Extension of Your Agreement

18.1. Your Agreement will end at the end of the contract period stipulated in the Retail Supply Agreement, commencing from the date we begin to supply electricity to the Supply Address, unless it is extended under this clause 18.

18.2. Before the end of your Agreement, we will notify you that your Agreement is due to end, and will advise you of the charges that will apply after the end of the Agreement if you remain our Customer. If you do nothing, your Agreement will be renewed for a further period on the same terms and conditions as your present Agreement or on different terms and conditions.

18.3. If your Agreement is extended, the charges payable under your new Agreement will be the same as the charges payable under your present Agreement or will be varied. If they are varied, they will reflect changes in the regulated retail tariffs for your local distribution area.

18.4. We will continue to be the retailer for the Supply Address until the Supply Address is either disconnected or transferred to another electricity retailer. If you wish to terminate this Agreement by transferring to another electricity retailer, you must take all necessary steps to effect the transfer. You will remain liable to us for all electricity supplied to the Supply Address until you do so.

19. Changing Supply Address

19.1. 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 State where your new Supply Address is located, we will transfer your Agreement to your new Supply Address.

20. Variation of your Charges

20.1. We may vary the charges payable for electricity under your Agreement. If we are going to vary your charges, we will endeavour to 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.

20.2. Any variation under clause 20.1 will reflect changes in the regulated retail tariffs for your local distribution area.

21. Complaints and Disputes

21.1. 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.

21.2. 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.

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

22. Confidentiality

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

23. Notices

23.1. 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.

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

24. Energy Efficiency

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

25. Privacy Policy

25.1 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.

26. Assignment or Transfer of your Agreement

26.1. You may transfer this Agreement to another person only with Jackgreen’s written consent. You must notify us of the proposed transfer at least 14 days in advance.

26.2. Jackgreen may assign or transfer your Agreement only with your consent. By entering into this Agreement, you give your consent to any future assignment or transfer by us.

27. Governing Law

1. This Agreed will be subject to the laws of the State where the Supply Address is located. Both parties agree to comply with the laws of that State.