PART A – GENERAL TERMS

1. Scope of this Market Retail Contract

1.1 Parties

This Market Retail Contract is made between:

(a) Metered Energy Holdings Pty Ltd ABN 44 108 143 862 (we, us, our); and

(b) the customer identified in the Offer (you, your).

1.2 Sale and Supply of Energy

(a) Under this Contract, we agree to sell you Energy and to arrange for the Supply of Energy to your Premises from the Supply Commencement Date in accordance with this Contract, your Energy Plan and the Regulatory Requirements.

(b) We act as your financially responsible retailer for the purposes of the National Energy Retail Law (Queensland) and related market and settlement arrangements.

(c) We may arrange for a Metering Coordinator, Meter Service Provider or other appropriately qualified service provider to provide, install, maintain, repair, replace, test, inspect, alter, operate and remove your Meter and related equipment where required.

(d) The sale and Supply of Energy to your Premises is subject to the continuing availability, operation and integrity of the Embedded Network and any upstream distribution network and connection arrangements.

1.3 Embedded Network

(a) Your Premises is connected as a child connection point within an Embedded Network.

(b) We act as retailer and Embedded Network Operator (ENO) in respect of the Embedded Network serving your Premises.

(c) We do not own the physical infrastructure of the Embedded Network unless expressly stated otherwise.

(d) The Supply of Energy to your Premises depends on:

(e) Certain network, metering and technical services may be provided through or in relation to the Embedded Network rather than directly by a distribution network service provider.

1.4 Standard Retail Contract

A Standard Retail Contract is available on request and on our website.

2. Eligibility and Onboarding

2.1 Application

This Market Retail Contract applies only if:

(a) you are a Small Customer under the National Energy Retail Law (Queensland);

(b) your Premises is located in Queensland;

(c) your Premises is supplied via a child meter within an Embedded Network operated by us; and

(d) you have accepted an Offer.

2.2 Requirements for new accounts

(a) You must provide us with all information reasonably required to establish and maintain your account, including:

(b) We may also require you to:

(c) We may charge you any applicable fees set out in the Fee Schedule, including:

(d) If we propose to undertake a new meter deployment at the supply address:

(e) We may contact you as part of an audit process to confirm that you understand and have agreed to this Contract.

3. Commencement

3.1 Acceptance Date

This Contract commences on the Acceptance Date.

3.2 Supply Commencement Date

Supply will commence on the later of:

(a) the date on which we become financially responsible for the relevant child NMI or MIRN;

(b) the date of energisation within the Embedded Network; and

(c) the date on which all identification and onboarding requirements have been satisfied.

However, if agreed between you and us, the transfer date and Supply Commencement Date may be backdated.

4. Formation, Cooling-off and Cancellation

4.1 Formation, Explicit Informed Consent and Cooling-off

(a) We will only enter into this Market Retail Contract with you if you have provided your explicit informed consent in accordance with the applicable Regulatory Requirements. By entering into this Contract, you acknowledge and confirm that you have provided such consent.

(b) This Market Retail Contract has a cooling-off period of 10 Business Days commencing on the day you receive the last of all information required to be provided to you under the applicable Regulatory Requirements.

(c) You may cancel this Market Retail Contract at any time during the cooling-off period by giving us notice, either in writing or by telephone, clearly indicating your intention to cancel.

(d) If you cancel this Market Retail Contract during the cooling-off period:

(e) Any Deemed Customer Retail Arrangement arising under clause 4.1(d)(ii) will continue for so long as you continue to consume Energy at the Premises within the Embedded Network, unless and until:

(f) If we have provided new connection services at your request and you cancel this Market Retail Contract during the cooling-off period, we may charge you the applicable connection charges in accordance with the Fee Schedule.

4.2 Effect of Cancellation

If this Market Retail Contract is cancelled (including during the cooling-off period or otherwise in accordance with this Contract or the Regulatory Requirements):

(a) this Contract will terminate and have no further force or effect from the date of cancellation, except for any rights and obligations that have accrued prior to that date; and

(b) where you continue to consume Energy at the Premises within the Embedded Network following cancellation, you will be taken to be a customer of ours and supplied by us under a Deemed Customer Retail Arrangement in accordance with the applicable Regulatory Requirements for so long as you continue to consume Energy at the Premises, unless and until:

(c) For the avoidance of doubt, during any period in which a Deemed Customer Retail Arrangement applies under this clause:

5. Charges and Pricing

5.1 Charges Payable

You agree to pay all amounts payable under this Market Retail Contract or your Energy Plan, including any charges specified or calculated in accordance with them, including (without limitation):

(a) usage charges;

(b) supply charges;

(c) demand charges (where applicable);

(d) metering charges;

(e) embedded network charges and pass-through costs;

(f) fees and charges set out in the Offer or Fee Schedule; and

(g) any other charges properly incurred under this Contract or permitted under the Regulatory Requirements.

5.2 Informing you of variations to Charges

(a) If we vary your Charges or introduce a new Charge under this Part 5, we will provide you with written notice of the variation in accordance with the Regulatory Requirements and, in any event, no later than your next bill after the variation takes effect.

(b) The notice will set out details of the variation, including the nature of the change and the date on which it takes effect.

(c) If your Charges are varied, you may terminate this Contract in accordance with your rights under this Contract (including under any Fair Contracting Promise or equivalent provision) and the Regulatory Requirements.

(d) Where permitted by the Regulatory Requirements, we may provide written notice for the purposes of this clause by:

5.3 Variation of Charges

(a) Subject to clause 5.8 and the Regulatory Requirements, we may vary your Charges or introduce a new Charge from time to time by providing notice in accordance with clause 5.2.

(b) Without limitation, variations to Charges may arise as a result of:

(c) Any variation of Charges will take effect from the date specified in the notice provided to you.

5.4 Variation of Feed-in Tariffs

(a) Subject to the Regulatory Requirements, we may vary any Feed-in Tariff applicable to your Energy Plan by providing you with written notice in accordance with clause 5.2 and any applicable electricity generation feed-in terms.

(b) Any variation to a Feed-in Tariff will take effect from the date specified in the notice.

5.5 Variation of applicable tariff category

(a) The continued application of the tariff category that forms the basis of your Energy Plan and Charges depends on:

(b) You must promptly notify us if there is a change in:

(c) If we become aware of any change in:

we may, subject to the Regulatory Requirements, transfer you to a different tariff category from the time of that change, which may result in a variation to your Charges.

(d) Where permitted, we may request that the relevant network party review the applicable distribution or network tariff and propose an alternative.

(e) We will notify you of any variation to your Charges under this clause in accordance with clause 5.2, and you may terminate your Energy Plan in accordance with this Contract.

5.6 Availability of alternative tariffs

Depending on the Meter configuration and availability at the Supply Address, and the tariffs made available through the relevant network arrangements, we may offer you alternative tariff structures, including:

(a) Feed-in Tariffs for electricity generated at the Supply Address;

(b) time-of-use tariffs;

(c) demand tariffs;

(d) controlled load tariffs, including for hot water or storage heating; or

(e) off-peak or other specialised tariffs.

5.7 Limitation on varying certain Charges

(a) We will not vary any Early Termination Fee so that the varied amount exceeds the amount set out in your Offer.

(b) This clause 5.7 may not be varied by us without your explicit informed consent.

5.8 Fixed Rates

(a) If your Energy Plan includes fixed rates, those rates will not increase during the fixed period except to the extent permitted by law, including where the rates were based on incorrect assumptions, where your meter type changes, or where a regulatory change requires or permits a variation.

(b) Any Early Termination Fee applying to a fixed rate plan will be as specified in your Offer and subject to the limitations in this Contract and the Regulatory Requirements.

6. Billing and Payments

6.1 Format and timing of bills

(a) If you have provided us with an email address, you agree that we may send a link to your bill to that email address, unless you request that we send your bills to a postal address or we reasonably determine that the email address is invalid.

(b) We will issue bills in accordance with our usual billing period or any alternative billing period specified in your Offer and, in any event, in accordance with the minimum Regulatory Requirements (each a Billing Period).

(c) We may alter your Billing Period by written notice to you, provided that the revised period does not exceed the maximum period permitted under the Regulatory Requirements or such other period agreed with you.

(d) If we bill you for goods or services in addition to Energy, those items may be billed separately or as separate line items on your bill.

(e) We will apply payments you make to your account by allocating payments to Energy Charges before any other goods or services, and to the oldest debt first, unless otherwise required by the Regulatory Requirements.

(f) If, due to operational requirements, we allocate payments in a different manner, we will not charge you any additional fees or interest as a result of that alternative allocation.

(g) If you receive paper bills, we may charge you a paper bill fee as set out in the Fee Schedule.

6.2 Calculation of bills

(a) Subject to the Regulatory Requirements, your bill may be based on:

(b) If we obtain a Meter Reading after issuing a bill based on an estimate, we will adjust your next bill to reflect the actual consumption.

(c) If, at your request, we obtain a special meter reading, we may charge you a special meter reading fee in accordance with the Fee Schedule.

(d) If your Charges change during a Billing Period, we will calculate the amounts payable on a pro-rata basis in accordance with the Regulatory Requirements.

(e) If your bill covers a period other than your usual Billing Period, we may adjust Charges on a pro-rata basis.

(f) We may include in your bill any amounts payable for Energy supplied at another premises previously occupied by you.

6.3 Review of bills

(a) At your request, we will review your bill in accordance with our complaints and dispute resolution procedures.

(b) You must pay any undisputed portion of your bill while the review is being conducted.

(c) We may also review your bill on our own initiative.

(d) If a review determines that your bill is:

6.4 Meter testing

(a) Following a bill review, you may request a meter test. We will arrange for the Meter to be tested or verified by the responsible party.

(b) If the Meter is accurate, you must pay the outstanding amount and may be required to pay the applicable testing fee.

(c) If the Meter is found to be faulty or inaccurate, clause 6.5 or 6.6 will apply.

6.5 Overcharging

If you have been overcharged due to our error or that of a Distributor or Meter Service Provider, we will notify you and refund or credit the overcharged amount in accordance with the Regulatory Requirements. No interest will be payable on overcharged amounts.

6.6 Undercharging

(a) If you have been undercharged, including where we have failed to charge an amount, we may recover the undercharged amount in accordance with this Contract and the Regulatory Requirements.

(b) We will include the undercharged amount as a separate item in a bill or special bill with an explanation.

(c) We will offer you the option to pay the undercharged amount by instalments.

(d) No interest will be charged on undercharged amounts.

6.7 Payments

(a) Available payment methods will be set out in your Offer, your bill or otherwise agreed.

(b) You must pay your bill in full by the Due Date.

(c) If you do not pay by the Due Date, we may, subject to the Regulatory Requirements:

(d) We may accept payments in advance.

(e) If your payment method incurs fees, such as merchant or transaction fees, we may pass those fees on to you as set out in the Fee Schedule.

6.8 Concessions

We will provide information about concessions, rebates or grants available to you and apply any eligible concessions in accordance with the Regulatory Requirements.

6.9 Payment assistance and hardship

(a) You must contact us if you are experiencing difficulty paying your bill.

(b) We will provide payment assistance in accordance with the Regulatory Requirements, including payment plans and information about assistance schemes.

(c) Additional assistance may be available under our hardship policy.

6.10 Direct debit and bill smoothing

(a) You may elect to pay by direct debit. We will not vary the amount or frequency without your consent unless you have previously agreed otherwise or we are permitted to do so by the Regulatory Requirements.

(b) If eligible, you may elect to participate in bill smoothing arrangements, allowing equal instalments over time.

(c) Any direct debit or bill smoothing arrangement will be administered in accordance with the Regulatory Requirements and any applicable terms agreed between you and us.

6.11 Security deposits

We may require a Security Deposit in accordance with the Regulatory Requirements.

6.12 Debt collection

(a) If you are a Small Residential Customer, we will only commence legal proceedings against you for amounts not paid by the Due Date, including referring the non-payment to a mercantile or debt collection agent, if we have first complied with our obligations under clause 6.9(b).

(b) We may charge you our reasonable direct and indirect costs associated with collecting your debt, including legal fees and any fees or commissions paid to a mercantile or debt collection agent, which we will advise you of at the time.

(c) If you have more than one account with us, we may transfer debts accrued on one account to another account held by you.

(d) We will comply with applicable debt collection guidelines, including those issued by the Australian Competition and Consumer Commission under the Competition and Consumer Act 2010.

7. Disconnection and Reconnection

7.1 Disconnection of the Supply Address

(a) Subject to the Regulatory Requirements, we may arrange for the Distributor, relevant network party or Meter Service Provider to disconnect the Supply of Energy to the Supply Address if:

(b) Disconnection does not limit any other rights or remedies available to us under this Contract or at law.

7.2 Disconnection and call-out fees

(a) Where we arrange Disconnection, we may charge you a disconnection fee as set out in the Fee Schedule.

(b) If a Disconnection is arranged but does not proceed because the reason for Disconnection is remedied after a call-out has occurred, we may charge you a call-out fee as set out in the Fee Schedule.

7.3 Restrictions on Disconnection

We will not arrange Disconnection otherwise than in accordance with the Regulatory Requirements. Without limitation, we will not arrange Disconnection:

(a) while an application for a government rebate, concession, grant or payment assistance arrangement is being assessed;

(b) while a complaint or dispute relating to the reason for Disconnection is unresolved;

(c) if you are a Small Residential Customer, for non-payment or failure to comply with a payment plan unless we have first complied with our payment assistance obligations;

(d) on a Friday, Saturday or Sunday;

(e) on a day before or on a public holiday;

(f) during the period 20 December to 31 December inclusive in any year;

(g) outside permitted hours under the Regulatory Requirements; or

(h) while life support equipment remains registered at the Supply Address.

7.4 Reconnection

(a) We will arrange for reconnection of the Supply Address as soon as reasonably practicable once the reason for Disconnection has been remedied and any applicable fees have been paid.

(b) We may charge reconnection fees in accordance with the Fee Schedule.

8. Customer Obligations

8.1 General obligations

To enable us to provide Energy safely and in accordance with the Regulatory Requirements, you must comply with the following obligations.

(a) If you breach this Contract or any Regulatory Requirements, you must pay us any reasonable costs we incur as a result of that breach. To the extent practicable, we will take reasonable steps to mitigate those costs.

(b) You must ensure that:

(c) You must notify us if you enter into any arrangement with a third party to receive payment or other consideration for reducing or managing your Energy consumption.

(d) You must comply, at your own cost, with all Regulatory Requirements that apply to you, the Supply Address, and your use of Energy.

(e) You must provide reasonable assistance and cooperation to enable us to comply with our obligations under the Regulatory Requirements.

8.2 Unauthorised access to Energy

(a) You must not obtain Energy illegally or otherwise than in accordance with the Regulatory Requirements.

(b) If you do so, we may:

(c) You must pay the cost of repairing or replacing any damage caused to assets belonging to us, the Distributor, network owner or Meter Service Provider.

8.3 Access to the Supply Address

You must provide safe and reasonable access to the Supply Address for us and relevant parties where required to:

(a) read, inspect, test, maintain or replace the Meter; and

(b) connect, disconnect or reconnect Energy supply.

8.4 Protection and maintenance of Energy Supply

You must:

(a) keep installations in good condition;

(b) ensure only appropriately qualified persons perform work; and

(c) not interfere with or tamper with any Meter or network infrastructure.

8.5 If you are not the owner of the Supply Address

If you are not the owner of the Supply Address, we may require you to arrange for the owner to fulfil certain obligations under this Contract.

9. Supply and Interruptions

9.1 Role of retailer and Embedded Network

(a) As your retailer, we are responsible for the sale of Energy to you and for arranging its Supply to the Supply Address. However, we do not control or operate:

(b) Accordingly, we cannot control the quality, frequency or continuity of the Energy Supply to the Supply Address, which is dependent on:

9.2 Controlled load and tariff configuration

(a) Where permitted by the Regulatory Requirements, and where your Energy Plan includes a controlled load or similar tariff, we may arrange for the Meter Service Provider to set or alter the times at which Energy is supplied to the relevant circuit or device.

(b) Any such arrangement is subject to the availability of the relevant tariff and the technical capabilities of the Meter and network configuration.

(c) The network owner and, where applicable, the Distributor remain responsible for the physical delivery of Energy to the Supply Address.

9.3 Limitations on supply quality

To the extent permitted by law, the quality and reliability of Energy Supply may be affected by factors outside our control, including network conditions, equipment, or actions taken by you or other parties.

9.4 Interruption of supply by us

(a) We may interrupt the Supply of Energy to the Supply Address where reasonably necessary, including:

(b) Where we interrupt supply, other than in an emergency, we will:

9.5 Interruption by Distributor or Embedded Network infrastructure

(a) While we act as your retailer and Embedded Network Operator, we do not own the Embedded Network infrastructure or the upstream distribution network.

(b) The network owner and, where applicable, the Distributor may interrupt the Supply of Energy to the Supply Address.

(c) Where such an interruption occurs:

10. Liability and Risk

10.1 Limitation of liability

(a) To the extent permitted by law, our liability to you for any loss, damage or claim arising out of or in connection with this Contract is limited to:

(b) We are not liable for any indirect, consequential or economic loss, including loss of profits, loss of revenue or loss of opportunity.

10.2 Exclusions

To the extent permitted by law, we are not liable for any loss, damage or interruption caused by:

(a) failure, interruption or variation in the supply of Energy due to the upstream distribution network;

(b) any act or omission of the network owner, Embedded Network infrastructure or Meter Service Provider;

(c) events beyond our reasonable control, including Force Majeure Events; or

(d) your acts or omissions, including misuse of Energy or failure to comply with this Contract.

10.3 Customer liability

(a) You are responsible for any loss, damage or cost arising from:

(b) You indemnify us against any claims, costs or liabilities we incur as a result of your breach or unlawful conduct, to the extent permitted by law.

10.4 Risk transfer

(a) The risk in Energy passes to you at the point of connection to your Premises.

(b) You are responsible for all Energy consumed at the Supply Address, regardless of whether it is consumed by you or any other person.

10.5 Statutory rights

(a) Nothing in this Contract excludes, restricts or modifies any rights or remedies you may have under:

(b) Where any law implies a condition or warranty that cannot be excluded, our liability for breach of that condition or warranty is limited to the extent permitted by law.

11. Termination and Consequences

11.1 Termination of this Contract

(a) This Contract will end in accordance with the provisions set out in this Contract, including where:

(b) Termination does not affect any rights or obligations accrued prior to the effective date of termination.

11.2 Termination by you

(a) You may terminate this Contract:

(b) Termination will take effect in accordance with the Regulatory Requirements and any applicable metering or transfer processes.

11.3 Termination by us

(a) We may terminate this Contract where permitted under the Regulatory Requirements, including where:

(b) Where required, we will provide you with notice prior to termination.

11.4 Effect of termination

(a) On termination of this Contract:

(b) If you continue to consume Energy at the Supply Address following termination, you will be taken to be supplied under a Deemed Customer Retail Arrangement in accordance with the Regulatory Requirements, unless and until a new retail contract is entered into, where permitted.

11.5 Survival of terms

The following clauses survive termination of this Contract:

(a) payment obligations;

(b) liability and indemnity provisions;

(c) any provisions relating to debt recovery; and

(d) any other provisions which by their nature are intended to survive termination.

12. Privacy, Complaints and Dispute Resolution

12.1 Privacy and collection of information

(a) We will collect, use, store and disclose your personal information in accordance with:

(b) We may collect your personal information for purposes including:

(c) In accordance with clause 2.2, you consent to us obtaining, using and disclosing your credit information, including from and to third parties such as the property owner or rental agent where permitted and reasonably required.

(d) We may disclose your information to third parties where reasonably required, including:

(e) You consent to us collecting, using and disclosing your information for these purposes, subject to applicable law.

12.2 Metering and energy data

(a) We may collect, access and use your metering data for purposes including billing, settlement, operational management and compliance with the Regulatory Requirements.

(b) We may disclose metering data to third parties where required or permitted, including network operators, metering providers and market bodies.

(c) You acknowledge that metering data may be used for analytical and operational purposes, including to improve network efficiency and energy services.

12.3 Complaints

(a) If you have a complaint, you may contact us using the contact details provided in your bill or on our website.

(b) We will handle complaints in accordance with our complaints and dispute resolution procedures and the Regulatory Requirements.

(c) We will make reasonable endeavours to resolve your complaint in a timely manner.

12.4 Dispute resolution

(a) If a complaint cannot be resolved to your satisfaction, you may refer the matter to the relevant energy ombudsman scheme in your jurisdiction, including the Energy and Water Ombudsman Queensland.

(b) We will cooperate with any external dispute resolution process in accordance with the Regulatory Requirements.

(c) You must continue to pay any undisputed amounts while a dispute is being resolved.

12.5 Contact details and communications

(a) We may communicate with you via email, SMS, post or other electronic means, unless you request otherwise or the Regulatory Requirements provide otherwise.

(b) You must ensure your contact details remain accurate and notify us of any changes.

(c) Notices given in accordance with this clause are taken to be received in accordance with the Regulatory Requirements.

13 General Provisions

13.1 Variation of this Contract

(a) Subject to the Regulatory Requirements, we may vary the terms of this Contract by providing you with notice in accordance with those requirements.

(b) Where a variation is required by law or is for your benefit, we may make the variation without prior notice to the extent permitted by the Regulatory Requirements.

(c) If we vary this Contract in a way that adversely affects you, you may terminate this Contract in accordance with your rights under this Contract and the Regulatory Requirements.

13.2 Assignment and novation

(a) We may assign, transfer or novate this Contract to a related body corporate or another authorised retailer, subject to the Regulatory Requirements.

(b) You may not assign or transfer this Contract without our prior written consent, which must not be unreasonably withheld.

13.3 Force Majeure

(a) Neither party is liable for any failure to perform its obligations under this Contract to the extent that failure is caused by an event beyond its reasonable control.

(b) A Force Majeure Event includes events such as natural disasters, acts of God, war, civil unrest, industrial action, or failures of the upstream network.

(c) The affected party must use reasonable endeavours to minimise the impact of the Force Majeure Event.

13.4 Notices

(a) We may give you notices under this Contract by:

(b) You may give us notices using the contact details provided in your bill or on our website.

(c) Notices are taken to be received in accordance with the Regulatory Requirements.

13.5 Governing law

This Contract is governed by the laws of Queensland, Australia.

13.6 Entire agreement

(a) This Contract, together with your Offer, Energy Plan, Fee Schedule and any applicable ancillary terms, constitutes the entire agreement between you and us.

(b) To the extent of any inconsistency, the following order of precedence applies:

13.7 Waiver

(a) A waiver of any right under this Contract must be in writing.

(b) A failure or delay to exercise a right does not constitute a waiver of that right.

13.8 Severability

If any provision of this Contract is invalid or unenforceable, that provision will be severed and the remainder of the Contract will continue in full force and effect.