1. EXPLAINING YOUR CONTRACT

1.1 Electricity Supply

By signing and returning the Retail Supply Agreement or, on conclusion of your contract as anticipated under clause 2.1, you enter into a Negotiated Customer Supply Contract (Contract)), under which Jackgreen, as your electricity retail supplier, agrees to supply electricity to you as a ‘small retail customer’ at your Premises (Services).

1.2 Defined Terms

In your Contract:

1. Alternative Payment means any payment method accepted by Jackgreen except direct debit;
2. Business day means any day other than a Saturday, Sunday or a public holiday;
3. Connection Services has the same meaning as customer connection service under the Electricity Supply Act 1995 (NSW) and includes the connection of your Premises to the network operator’s distribution system;
4. Direct Debit Form means the form of that name duly completed;
   • and signed by you and returned with the Retail Supply Agreement; or
   • over the telephone; or
   • by email or through the Jackgreen website,
   as the case may be
5. Electricity marketer has the same meaning as in the Electricity Supply Act 1995 (NSW);
6. EWON means Electricity and Water Ombudsman of NSW;
7. General Regulation means the Electricity Supply (General) Regulation 2001 (NSW);
8. GST means a goods and services tax or similar tax;
9. Jackgreen Guide for Customer Complaints, Appeals and Disputes means the procedures for customer complaints, appeals and disputes published by Jackgreen;
10. Jackgreen Privacy Policy means the privacy policy published by Jackgreen;
11. Last resort supply arrangements has the same meaning as in the General Regulation;
12. Metering Services includes the installation and maintenance of metering equipment at your Premises and the collection and processing of the metering data in accordance with the Electricity Laws and Jackgreen’s requirements;
13. network operator means your local electricity distributor who owns and controls the distribution system;
14. Retail Supply Agreement (RSA) means the form of that name duly completed or, if you apply to become a Jackgreen customer through the Jackgreen website, means the Retail Supply Agreement duly submitted;
15. Schedule means the schedule attached to the Retail Supply Agreement or, if you apply to become a Jackgreen customer through the Jackgreen website, the schedule generated for you when you become a Jackgreen customer.

Words and phrases defined on the Retail Supply Agreement have the same meaning when used in these Terms and Conditions.

2. YOUR CONTRACT

2.1 When is your Contract made?

Your Contract consists of these Terms and Conditions (as they may be varied in accordance with clause 13 below) and the Retail Supply Agreement and commences when:

• the Retail Supply Agreement duly completed and signed by you is received by Jackgreen; or
• if your Contract is concluded over the telephone, confirmation of your acceptance is given by Jackgreen over the telephone; or
• if your Contract is concluded by email or through the Jackgreen website, when confirmation of your acceptance is given by Jackgreen either by email or post.
• if you have not received a copy of the Terms and Conditions and accept Jackgreen’s offer over the telephone, upon receipt by you of a copy of the Terms and Conditions.

A further copy of these Terms and Conditions (as varied for the time being) may be obtained at www.jackgreen.com.au or by phoning Jackgreen on 1300 GO JACK (1300 46 5225). Jackgreen may charge a reasonable sum for each further copy.

2.2 Contract for Connection Services

Jackgreen does not control the supply of electricity to your Premises, instead the network operator is responsible for the physical delivery of electricity to your Premises. To deliver electricity to your Premises, a contract for Connection Services is required for new connections. Jackgreen will arrange ‘Connection Services’ and ‘Metering Services’, unless on the Retail Supply Agreement you state that Jackgreen is not to arrange these services.

2.3 Compliance with Electricity Laws

Your Contract complies with the requirements of all laws relating to electricity including the Electricity Supply Act 1995 (NSW), the General Regulation, the Electricity Safety Act 1945 (NSW), the National Electricity Code and Jackgreen’s Electricity retail supplier’s licence (Electricity Laws).

3. COOLING-OFF PERIOD DURING WHICH YOU MAY TERMINATE

You may terminate your Contract by giving written notice to Jackgreen within 10 days after the commencement of your Contract under clause 2.1 (Cooling-off Period). If you terminate your Contract in this way you will not have to pay Jackgreen anything.

4. CONFIRMATION OF CONTRACT AFTER THE COOLING-OFF PERIOD

If you do not terminate your Contract within the Cooling-off Period, Jackgreen may confirm your Contract by sending you a “Welcome to Jackgreen” pack. If Jackgreen does not confirm your Contract within 90 days after the commencement of your Contract under clause 2.1, your Contract will terminate. It is likely that Jackgreen will not confirm your Contract if you do not own or occupy your Premises or if Jackgreen is not satisfied with your credit history.

5. DURATION OF YOUR CONTRACT

The “Welcome to Jackgreen” pack will confirm the date on which Jackgreen started or will start to supply electricity to your Premises (Commencement Date), your Monthly Payment Amount, the tariff to be charged, the Daily Availability Charge, any Connection Payment and whether any security must be provided. If you pay the first Monthly Payment Amount, Daily Availability Payment and any Connection Payment, and provide any security required by Jackgreen, Jackgreen will start to supply electricity to you at the Premises on the Commencement Date.

From the Commencement Date, your Contract will continue for the Contract Term stipulated in the Schedule (Expiry Date), unless terminated by you or Jackgreen under clause 12. Jackgreen will not start to supply electricity if these payments or security have not been authorised or received or if you have not arranged Connection to your Premises. In these circumstances Jackgreen may terminate your Contract by written notice.

6. ELECTRICITY SUPPLY

6.1 Description of supply

Jackgreen does not control the delivery of electricity to, or the quality of electricity delivered to your Premises. This is the responsibility of the network operator.

6.2 Guaranteed customer service standards

Clause 11.2 sets out “Guaranteed Customer Service Standards”, including details of the Jackgreen hotline on 1300 GO JACK (1300 46 5225) which you can call:

1. if you want details of your account Connection or Metering Services;
2. if electricity supply is disrupted, interrupted or subject to fluctuations in voltage, wave or frequency affecting quality.

6.3 Dealing with your enquiries

If you have an enquiry relating to your Contract or our Services, please call us on 1300 GO JACK (1300 46 5225) or visit www.jackgreen.com.au. If Jackgreen cannot respond to your enquiry immediately or transfer you to someone who can, Jackgreen will call you back to answer your enquiry within 1 business day.

If your enquiry relates to:

• disruption or interruption to, or the quality of, electricity supply, to the extent that Jackgreen cannot deal with your enquiry, you will be transferred to the network operator or provided with the number on which you can contact the network operator; or
• connection or disconnection of your Premises, the matter may be referred to the network operator within 2 hours (or a longer time if reasonable having regard to the nature of the enquiry).

If you notify us that electricity supply or any other service has been disrupted or interrupted, Jackgreen will ask the network operator to commence work to remedy the disruption or interruption as soon as practicable. Jackgreen will give you as much notice as is possible if there is an intention to carry out any work which may disrupt or interrupt Services. The network operator should notify you if it intends to disrupt or interrupt the supply of electricity or other services.

7. PAYMENTS

7.1 Payment for usage of electricity amounts payable in advance

Monthly Payment Amounts are payable to Jackgreen before or on the first day Jackgreen supplies electricity and thereafter on the same day of each month. Jackgreen calculates your Monthly Payment Amount by reference to your estimated usage of electricity. Jackgreen calculates the Monthly Payment Amount based on a recent bill, the meter at your premises or on a consumption profile developed by you and a Jackgreen representative. Jackgreen may also add an estimated amount to allow for growth in your electricity usage.

Amounts payable on reconciliation
Your usage is reviewed at least once every 6 months (each a Reconciliation Period). If in any Reconciliation Period your actual usage of electricity:

• is less than estimated, Jackgreen will credit your account or send you a cheque for an amount representing the difference between estimated and actual usage, or on your direction may donate the difference to a nominated charity; or
• is more than estimated, Jackgreen will notify you of the difference and make an additional direct debit (as nominated in the Direct Debit form) or invoice you for the amount representing the difference between actual and estimated usage plus GST payable. Amounts outstanding on the invoice are to be paid within 12 business days after the invoice being issued.

The adjusted amount will be calculated based on the regulated retail tariff for your network area at the time of the adjustment.

7.2 Payments for use of distribution network

In order to supply electricity under your Contract, Jackgreen must use the network operator’s distribution network and accordingly you must pay Jackgreen:

• Connection Payments if Jackgreen arranges for Connection Services in respect of your Premises by the network operator; and
• Daily Availability Payments. Jackgreen charges Daily Availability Payments as detailed in the Schedule (being at a rate no more than the network operator is permitted to charge).

7.3 Possible additional payments

You may be required to pay the following additional payments:

• Non Direct Debit Charge: If you choose an Alternative Payment method to direct debit then you will be charged $2.00 per month plus GST. Payments via direct debit do not incur the Non Direct Debit Charge.
• Special Meter Reading Payment: if you do not allow access to your Premises for the purpose of meter reading or if you request meter reading at a different time than that scheduled you must pay Jackgreen its reasonable costs of arranging for the meter reading;
• Meter Testing Payment: if you request your meter to be tested you must pay Jackgreen its reasonable costs of arranging for the meter testing;
• Early Disconnection Payment: if you give Jackgreen less than 72 hours notice of termination under clause 11.1, Jackgreen is entitled to charge you $125.00 plus GST;
• Early Termination Payment: if your Contract is terminated other than under clause 12.1, Jackgreen is entitled to charge you $125.00 plus GST;
• Disconnection and Suspension Payments: if Jackgreen discontinues or suspends the supply of electricity to your Premises; and
• Administration Payment: the reasonable costs incurred by Jackgreen if you do not comply with your Contract or if you request something that is not contemplated in your Contract.

7.4 Payment difficulties

You may be eligible under government funded rebate or relief schemes for assistance with payments due under your Contract. For further details visit www.jackgreen.com.au or phone Jackgreen on 1300 GO JACK (1300 46 5225).

7.5 Variation of payments

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, Jackgreen will introduce a new payment or vary the amount of the payment payable by you. Jackgreen will give you notice of any new or increased payment or tax, the amount by which the direct debit or Alternative Payment is to vary as a result and the date on which the new or varied payment will come into effect.

7.6 No other payments

You are not liable to make any payment to Jackgreen under your Contract, except as provided for in your Contract.

8. METERS

8.1 Safe access to Premises

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 network operator distribution system connects to your Premises (Supply Point).

8.2 Estimating usage

If:

• the meter does not measure the usage of electricity, or the time that it is supplied, to a tolerance of not greater than + or - 2%; or
• electricity is supplied to your Premises without being measured by a meter; or
• any meter reader is not able to access the meter;

to the extent permitted by the General Regulation, Jackgreen may estimate the quantity of electricity you have used.

9. INVOICING AND PAYMENT

9.1 Invoices

A payment receipt is available to you at www.jackgreen.com.au at any time. A link to your tax invoice will be emailed to you or, if you have chosen not to receive correspondence from Jackgreen via email, a tax invoice will be posted to your nominated address. Each tax invoice will detail:

• the payment amount;
• the electricity consumption;
• the Daily Availability Payment;
• the Connection Payment (if any);
• the amount of GST payable; and any other details required by the General Regulation;
• any government rebates being applied to your account; and
• any other payment due.

9.3 Direct debits

The amount of each invoice will be debited from the bank account or credit card specified on the Direct Debit Form.

9.4 Payment Default

If a direct debit is not authorised or an Alternative Payment is not made, Jackgreen:

• will charge you any bank, charge or credit card costs incurred by Jackgreen;
• will charge you costs and expenses of Jackgreen in connection with recovering the amount in full;
• is entitled to recover from you a fee of $10.00 every time a direct debit is not authorised; and
• is entitled to charge you interest on the unpaid amount at the applicable rate under the Supreme Court Act 1970 (NSW). Interest will be charged for the period from the date payment was due until the date of payment in full.

10. SECURITY

10.1 Jackgreen may require security

You must provide Jackgreen with any security requested by Jackgreen prior to commencing supply. In addition, by written notice to you, at any time Jackgreen may require you to provide security or, as the case may be, further security of a type and on terms and conditions Jackgreen reasonably requires. The amount of security will not exceed an amount equal to Jackgreen’s estimate of the maximum amount of payments payable by you in any 3 month period. You must provide security within 10 business days after Jackgreen requests it. Your initial security deposit amount is listed on your Schedule.

10.2 When may Jackgreen use the security?

At any time Jackgreen may use the security to pay amounts owing to Jackgreen in respect of Connection Services or the supply of electricity only.

10.3 Interest not payable and return of security

No interest is payable in respect of any security provided. At any time Jackgreen may return any security.

No interest is payable in respect of any security provided. At any time Jackgreen may return any security.

11 DISCONTINUATION OF SUPPLY

11.1 Your right to discontinue supply

If you want Jackgreen to discontinue the supply of electricity to your Premises you must give Jackgreen at least 72 hours written notice. If you give written notice Jackgreen will arrange to discontinue the supply of electricity to your Premises. If you do not give Jackgreen 72 hours written notice (including if you do not give written notice at all), you must pay the Early Disconnection Charges and Early Termination Charges.

11.2 Guaranteed Customer Service Standards

Telephone hotlines
Jackgreen has a hotline on 1300 GO JACK (1300 46 5225) which you can call during business hours and a website, www.jackgreen.com.au, if you have any queries regarding your account, Services or, Connection Services or, Metering Services or if you want information about the Jackgreen renewable energy policy or efficient energy consumption. We provide this information free of charge.

If you want to report any problem with electricity supply, call Jackgreen on 1300 GO JACK (1300 46 5225) (for the cost of a local call) 24 hours a day, 7 days a week. If the problem relates to the physical delivery of electricity we may transfer you to your network operator.

Punctuality in keeping appointments
If Jackgreen (or any Jackgreen representative) is more than 15 minutes late for a scheduled appointment with you (or your representative) Jackgreen will pay you $25 compensation by crediting your next tax invoice. Because we take punctuality seriously call us on 1300 GO JACK (1300 46 5225) if a Jackgreen representative is late.

Grounds on which Jackgreen may discontinue supply
If:

• you do not pay any amount due and payable to Jackgreen under your Contract, and it remains unpaid 7 days after we have given you written notice;
• Connection or Metering Services are not provided;
• you do not provide any security required by Jackgreen;
• you do not comply with any of your other obligations under your Contract;
• a receiver, administrator, bankruptcy trustee or liquidator is appointed to or over any of your assets;
• you do not allow or give a person access to your Premises as provided for under the Electricity Supply Act 1995 (NSW) or you otherwise breach any Electricity Law;
• you move permanently from your Premises,

Jackgreen has grounds for discontinuation of supply.

Jackgreen will make reasonable attempts at dealing with you to remove the grounds for discontinuation of supply and if it does so without success may give you written notice of its intention to discontinue supply, which notice must:

• state that it intends to discontinue supply if you do not remove the grounds specified in the written notice and the date on which it intends to discontinue supply which date will be at least 14 days after the date on which the notice is sent to you (Discontinuation Date);
• advise you of your rights, in particular of your right to have a complaint or dispute referred to EWON for resolution; and
• advise you of any government funded rebate or relief schemes that may be relevant to you.

If you do not comply with the notice, Jackgreen may send you a further notice in the same terms as the first notice. In addition, Jackgreen will make at least one further attempt to deal with you outside business hours. Jackgreen will document all attempts to deal with you. If despite these attempts you do not remove the grounds for discontinuation of supply, Jackgreen may discontinue supply on or after the Discontinuation Date, unless before the Discontinuation Date you make a request that a complaint be referred for resolution to EWON and within three business days after the date on which the complaint is referred EWON directs Jackgreen not to discontinue supply.

If Jackgreen has grounds for discontinuation of supply it will not take any action to discontinue supply of electricity other than in accordance with this clause.
Jackgreen must not discontinue supply of electricity if:

• an application is pending from you for assistance under any government funded rebate or relief scheme; or
• a life support system that relies on electricity for its operation is in use at your Premises.

Jackgreen will notify the network operator promptly if you request reconnection and you are entitled to be reconnected.

Notice of disconnection
If your Premises are disconnected, Jackgreen will notify you. The notice will contain the following information:

• the reason why your Premises was disconnected;
• Jackgreen’s telephone number to enable you to discuss the matter with us;
• the arrangements that you will need to make for reconnection of your Premises (including any costs relating to reconnection); and
• the dispute resolution procedures available to you under the Jackgreen Guide for Customer Complaints, Appeals and Disputes.

These Guaranteed Customer Service Standards relate to the Services and comply with the Electricity Laws.

11.3 Other rights to discontinue or interrupt supply

Nothing in your Contract affects:

• any right or obligation of the network operator under the Electricity Laws or, if any, its contract for Connection Services with you to refuse to supply, or to disconnect or interrupt electricity supply to your Premises; or
• Jackgreen’s obligation to discontinue the supply of electricity to your Premises if an order is made under section 73(1)(b) of the Electricity Supply Act 1995 (NSW).

11.4 Suspension

For so long as any disconnection continues as permitted under your Contract, Jackgreen’s obligation to supply electricity to your Premises is suspended.

11.5 Costs of disconnection or reconnection

If your supply is disconnected under your Contract, you must pay us for our costs incurred and for any costs imposed on us by your network operator in arranging for such disconnection or reconnection (including the cost of attending your Premises for this purpose).

12. TERMINATION OF YOUR CONTRACT

12.1 Termination on Expiry Date

Your Contract will expire on the Expiry Date unless clause 13.1 applies to extend the term of your Contract.

12.2 Termination by you

You may terminate your Contract by asking us to discontinue supplying electricity under clause 11.1

12.3 Termination by Jackgreen

Jackgreen may terminate your Contract if it exercises its right to discontinue supply of electricity under clause 11.2

12.4 Termination date

Termination of your Contract occurs when the supply of electricity is disconnected or the supply of electricity to your Premises starts under another electricity supply contract (whether with Jackgreen or another electricity retail supplier), whichever occurs first. If the meter is not read on the date of termination, you will continue to be responsible to pay for all electricity supplied to your Premises until the meter is next read.

12.5 Effect of termination

Termination does not affect any right arising before termination that you have against Jackgreen or that Jackgreen has against you.

13 EXTENSION, EXPIRY AND VARIATION OF YOUR CONTRACT

13.1 Extension of your Contract

Jackgreen may send you a written notice 60 days before the Expiry Date confirming that your Contract will extend (Notice of Extension) for a further Contract Term as per the Schedule and noting that you may terminate on the Expiry Date. If having received the Notice of Extension you do not within 30 days give notice to Jackgreen confirming termination of your Contract, your Contract will extend for a further Contract Term.

13.2 No Notice of Extension

If no Notice of Extension is given to you or Notice of Extension is given but you confirm termination of your contract, 30 days before the Expiry Date Jackgreen will notify you that you may terminate on the Expiry Date and of the new terms and conditions that are to apply if you do not terminate on the Expiry Date. If you do not reject those new terms and conditions or have not terminated by written notice before the Expiry Date, from the Expiry Date there will be a new negotiated customer supply contract between you and Jackgreen on those terms and conditions.

13.3 Variation of your Contract

Your Contract (including any new charges or any changes to any charge payable by you) may be varied by us at any time. If we are going to vary your Contract, we will give you at least 14 days written notice of the variation.

13.4 When variation is effective

Any variation will take effect from the date specified in the written notice advising you of that variation.

14. CHANGING PREMISES

If you are to move premises, but want to continue as a Jackgreen customer, call Jackgreen on 1300 GO JACK (1300 46 5225) to notify Jackgreen of the new premises and the date on which you will move to the new premises not less than 14 days before you move. If Jackgreen supplies electricity in the area of the network operator in which your new premises are located, a Jackgreen representative will arrange or will call you to arrange a new contract. If you enter into a new contract with Jackgreen within 3 months after moving premises, no Early Termination Payment will be payable by you in relation to the termination of this Contract.

15. LAST RESORT ARRANGEMENTS

If you become subject to the last resort supply arrangements, Jackgreen will notify you, and you may or Jackgreen may transfer you to another electricity retail supplier. Jackgreen is not entitled to any compensation or other payment in respect of a transfer including any cost incurred by Jackgreen in relation to the transfer.

16. COMPLAINTS AND DISPUTES

Jackgreen is concerned to ensure that your complaints are addressed fairly and quickly.

• If you want to make a complaint about your Contract, including Jackgreen’s performance under it; or
• conduct by Jackgreen or any Jackgreen representative as an electricity marketer, contact Jackgreen by telephone on 1300 GO JACK (1300 46 5225), or at www.jackgreen.com.au.

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 Jackgreen’s proposed resolution or decision you may appeal it by notifying Jackgreen (either in writing or orally) within 28 days after you receive Jackgreen’s written notice. If we do not resolve the dispute or you are not satisfied with our decision after it has been reviewed, you may refer the matter to the dispute resolution process set out in the Jackgreen Guide for Customer Complaints, Appeals and Disputes. Having followed this process, if you are not satisfied with Jackgreen’s decision you may refer the matter to the EWON. If a matter has been referred to EWON, Jackgreen will comply with the decision made by EWON. The telephone number for EWON is 1800 246 545. Alternatively EWON’s website address is www.ewon.com.au

17. CONFIDENTIALITY

All the details of your Contract are confidential. Jackgreen will not disclose them to another person unless required to do so by law or as authorised in your Retail Supply Agreement. These confidentiality obligations continue for 2 years after the Expiry Date or termination of your Contract.

18. LIABILITY

Jackgreen does not deliver electricity to your Premises. Your network operator is responsible for the delivery of electricity and Jackgreen is not responsible for any act, omission, default or negligence of any third party including the network operator. Accordingly, Jackgreen is not liable for any disruption, interruption or the quality of the electricity supplied. If Jackgreen is liable under this Contract, in tort or under statute, to the extent permitted by law, the liability of Jackgreen is limited to the re-supply of electricity, and is not otherwise liable for any direct or special loss.

19. GENERAL PROVISIONS

Assignment
You may assign this Contract only with Jackgreen’s written consent. Jackgreen may assign this Contract without your consent to any person.

Notices:
Unless otherwise stated expressly, notices by Jackgreen may be given by short message service (SMS), telephone, fax, email, or post to the number, or address of each party as set out in the Schedule. Any notice you are required to give Jackgreen must be in writing which may be given by fax, email or post. If your contact details are going to change, you must give Jackgreen advance notice of the change.

Notices:

• by SMS or telephone are effective immediately;
• sent by email are treated as received when the sender receives confirmation that the email has been received by the recipient;
• sent by fax are treated as received when the sender’s fax machine prints a transmission report confirming the fax was sent;
• sent by post are treated as received three days after posting.