AGL for Business

Terms and Conditions

1. About these terms and conditions (Agreement):

(a) This Agreement governs you (whether personally or on behalf of a company) and AGL (us, we or our), in relation to your access to and use of the AGL online services provided at business.agl.com.au (AGL for Business) as well as any AGL mobile application (App) or other web based portal (together, Online Services).

(b) The Online Services enable you to view and manage certain AGL products and services that have been linked to your AGL for Business profile.

(c) This Agreement sets out the terms on which we agree to give you access to use of the Online Services. Other terms and conditions contained in the AGL Privacy Policy and our websites also form part of our agreement with you. Please read them carefully before proceeding.

(d) Your download, use and access of the Online Services is conditional on and constitutes, your agreement to be bound by this Agreement.

2. General

(a) You must comply with all applicable laws in accessing and using the Online Services and you mustn’t do anything with the Online Services which is not authorised under this Agreement.

(b) In order to use the Online Services, you are required to have a compatible computer or mobile telephone or handheld device, internet access, and the necessary minimum specifications which may change from time to time as we update our software.

(i) any software or hardware (including computers, computer systems or other communications devices) that you use to use or access the Online Services is in your sole responsibility and control, must be properly functioning, free from viruses, bugs, malicious codes or other threats that may result in disruption and connected to the internet in order for the Online Services to be provided;

(ii) we are not responsible in any way for your internet network, computer, mobile phone or data including its set-up, maintenance and cost (including data usage costs) associated with your use of the Online Services;

(iii) the operation and availability of the Online Services is dependent on the availability and functioning of certain services including telecommunication and web-based chat services. We do not control these services and are not responsible for these services or the effect on the Online Services; and

(iv) we may be required to test or maintain the Online Services and associated equipment, hardware and software used to provide the Online Services from time to time, which may result in downtime or suspension of the Online Services. To the extent permitted by law, we have no liability for any loss whatsoever arising from or in connection with such testing or maintenance action.

3. Intellectual property

(a) All Intellectual Property Rights in the Online Services belong to us or our licensors. We grant to you, and you accept, a non-exclusive, non-transferable limited licence to use the Online Services strictly in accordance with this Agreement.

(b) Any intellectual property developed or created by you during the performance of this Agreement (including for the avoidance of doubt any feedback, ratings or comments you make in the Online Services) vests in us immediately upon its creation and you assign all right, title and interest in such Intellectual Property to us and will do any further acts or execute any documents required by us to effect such assignment.

(c) You must not breach an obligation to another person in respect of Intellectual Property Rights or infringe any intellectual property rights of another person.

(d) You agree to be bound by and must comply with any applicable third-party terms notified to you by us in respect of your use of the Online Services.

4. Liability

(a) You may be entitled to statutory consumer guarantees under the Australian Consumer Law in connection with our supply of the Online Services under this Agreement. Nothing in this Agreement is intended to exclude, restricted or modify the application of those guarantees.

(b) Subject to subclause 4(a), and to the extent permitted by law:

(i) all guarantees, conditions and warranties, express or implied, by law, custom or otherwise are excluded and our liability for any loss arising from a breach of such guarantees, conditions and warranties, or this Agreement, is limited to the supply of services again or the payment of the cost of having such Online Services supplied again;

(ii) we will not be liable for any loss which you pay, suffer, incur or are liable for any reason, including as a result of delay, negligence or any act, advice, matter or thing done or permitted or omitted to be done by us, our employees, contractors or agents in any way connected with or arising out of this Agreement;

(iii) you will be liable for and you indemnify us against any loss which we pay, suffer, incur or are liable for in connection with any breach of this Agreement, or negligence, by you or as a result of us exercising our rights under this Agreement;

(iv) while we will use reasonable care in providing the Online Services to you, we can’t guarantee that the Online Services will always be free from faults; and

(v) we may ask you to provide additional details or require you to confirm your details to enable us to continue to provide you Online Services. You agree to provide us with current, complete and accurate details when asked to do so.

5. Variations

(a) We may modify, upgrade or make other changes to the Online Services from time to time in our absolute discretion.

(b) Supplemental terms or variations to this Agreement may be made by us from time to time and are expressly incorporated herein by reference. We may provide notice of supplemental terms or variations using your contact details or post such variations in the Online Services. If you do not agree with all of these supplemental terms or variations, then you must discontinue use immediately.

6. Accuracy of information

(a) Online Services has functionality that may let you explore your energy profile, including energy usage charges and the kWh or MJ usage amounts from your current and previous billing periods. Usage charges, kWh or MJ usage amounts, account balances, generation and other information or representations displayed in the Online Services are indicative only and should be used as a guide only. Such information may use delayed data, use assumptions or be based on estimates only. Any information provided in the Online Services may differ from your final bill and does not replace your actual bill.

(b) By using Online Services, you agree not to attempt to rely on the estimates and indicative figures shown in place of your actual energy bills.

(i) any errors in, or omissions from, any information referred to or made available in the Online Services; and

(ii) liability for any loss suffered or incurred by you or any person arising from or in connection with you or that person placing any reliance on the information or its accuracy, completeness, currency or reliability.

7. Termination

(a) We may terminate this Agreement or suspend your account (and any related accounts) and your access to the Online Services at any time upon 7 days’ notice.

(b) Without limiting the foregoing, if, in our opinion, you engage in any unlawful activity, dishonest activity (including if you breach your obligations under this Agreement) we may withhold or suspend our performance of this Agreement immediately, without affecting our accrued rights and obligations.

8. Security

(a) You must keep your login details secret and ensure that you check your email for any relevant updates we may send you.

(b) If you store credit card details on your mobile phone, please protect your security with a security code.

(c) While you’re logged in to Online Services, anyone with access to your phone or computer screen will be able to view the information provided in the Online Services. We recommend using a screen lock passcode if others have access to your phone or computer, particularly if you are using Online Services for payments.

9. Governing law

These terms and conditions are governed by the laws of the State of New South Wales, Australia.

10. Payments

(a) If you are using a payment facility available in the Online Services, these terms and conditions apply to you.

(b) If we are unable to successfully process your payment for reasons beyond our commercially reasonable control, then we may notify you of dishonour and this may impact any discounts or the provision or our products and services to you and you may incur a dishonoured payment fee.

(d) Certain payment services such as PayPal are provided by financial institutions and other third-party service providers and not by us. Your access to and conditions of use of such services may be limited in accordance with the terms of use published by such third-party provider. You represent and warrant that you have the right to provide us with usernames, passwords, personal information and other access credentials which we may require to access any third-party services or accounts in connection with the Online Services.

(e) If paying using Credit Card:

(i) With your permission, we can securely store your credit card information in your AGL Online Services account to save you time when making future payment.

(ii) Payment processing fees may apply to the total payment amount (incl GST) for debit cards - Visa 0.14%, Mastercard 0.30% and credit cards - Visa 0.65%, Mastercard 0.78%. This fee will appear on your next bill.

(iii) Payments submitted before 6pm AEST will reach your account by the next business day.

(iv) Any payments submitted after 6pm AEST will take up to 2 business days to reach your account. If you have paid your outstanding bills in full, you can disregard any payment reminder notices during this period.

(f) If paying using PayPal:

(i) AGL does not charge a fee when you pay by PayPal.

(ii) Payments submitted before 6pm AEST will reach your account by the next business day.

(iii) Payments submitted after 6pm AEST will take up to 2 business days to reach your account. If you have paid your outstanding bills in full, you can disregard any payment reminder notices during this period.

(g) If paying by Bank Account:

(i) AGL will need to securely store your bank account details in your AGL Online Services account to finalise this payment.

(ii) By proceeding with a payment via Bank Account, you are agreeing to the Online Payment Terms and Conditions.

(iii) Payments submitted before 6pm AEST will usually be processed by your bank on the next business day, so please make sure sufficient funds are available in your account.

11. Privacy Policy

AGL may request personal information to process your payment. Failure to provide the information may mean AGL is unable to complete your request. Details of your payment methods may also be used/shown in any online AGL products and services that you use. Your personal information will be handled in accordance with AGL's Privacy Policy or otherwise as required by law. All payment method details will be held securely and not given to any third party unless a valid claim is instigated when details will be provided to AGL's financial institution. You may access your personal information or obtain a copy of AGL's Privacy Policy by contacting AGL 24/7 on 131 245 or you can access it online.

12. Definitions

In this Agreement:
AGL means:

(a) if your supply address is located in:

(i) Victoria, Queensland, Western Australia or Tweed Supply area: AGL Sales Pty Limited (ABN 88 090 538 337) of Level 24, 200 George Street, Sydney, NSW 2000;

(ii) South Australia: AGL South Australia Pty Limited (ABN 49 091 105 092) of Level 24, 200 George Street, Sydney, NSW 2000;

(iii) New South Wales and the relevant energy type is:

(A) electricity, AGL Sales Pty Limited (ABN 88 090 538 337) of Level 24, 200 George Street, Sydney, NSW 2000;

(B) gas, AGL Retail Energy Limited (ABN 21 074 839 464) of Level 24, 200 George Street, Sydney, NSW 2000;

(b) in relation to the installation of goods or the supply of solar monitoring services via AGL Solar Command: AGL Energy Services Pty Limited, ABN 57 074 821 720; or

Agreement means these AGL for Business Terms and Conditions.

Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).

Intellectual Property Rights means all present and future rights conferred by law in or in relation to copyright, trademarks, designs, patents, circuit layouts, plant varieties, inventions and confidential information, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields whether or not registrable, registered or patentable.

AGL Online Single Payment terms and conditions and AGL Scheduled Payment terms and conditions:

1. AGL Online Single Payment Terms and Conditions:

These terms and conditions apply if AGL notifies you that Online Single Payment is available for AGL for Business users.

(a) You request and authorise AGL to arrange for payment of the amount specified, through your nominated financial institution subject to these terms and conditions (Online Single Payment).

(b) The Online Single Payment service is not available on some passbook savings accounts. You will need to confirm your eligibility with your relevant financial institution.

(c) Payment processing fees may apply to the total payment amount (incl GST) for debit cards - Visa 0.14%, Mastercard 0.30% and credit cards - Visa 0.65%, Mastercard 0.78%. This fee will appear on your next bill.

(d) Bank transaction fees and government taxes may apply.

(e) Payments made on a non-business day will be deducted from your nominated financial account on the next business day.

(f) If sufficient funds are not available in your nominated financial account at the time of processing a payment, a dishonour fee may be charged by both your financial institution and AGL to cover reasonable administrative and processing costs.

(g) AGL may vary these Online Single Payment terms and conditions at any time. If we vary these Online Single Payment terms and conditions, we will provide you with written notice of the change as soon as practicable, which may be after the variation takes effect, and in any event, no later than on your next bill.

(h) AGL reserves the right to, at any time, withdraw this Online Single Payment product. Contact AGL Customer Service 24/7 on 131 245 for assistance or if you have a dispute about any agreement details.

2. AGL Scheduled Payment Terms and Conditions:

These terms and conditions apply if AGL notifies you that Scheduled Payment is available for AGL for Business users.

(a) You request and authorise AGL to arrange for payment of the amounts scheduled for payment, through your nominated financial institution subject to these terms and conditions (Scheduled Payment).

(b) Your Scheduled Payments must be set up using a bank account that is stored in My Wallet. It is currently not possible to set up Scheduled Payments using credit cards or Pay Pal.

(c) This service is not available on some passbook savings accounts and is not available to customers who are on a payment management product (eg. Bill Smoothing or an instalment plan).

(d) Bank transaction fees and government taxes may apply.

(e) Payments may only be scheduled for a date that is on or before the payment due date on your bill.

(f) Payments scheduled for the next business day may take an extra business day to process if scheduled after 6:00pm AEST.

(g) Payments scheduled for a non-business day will be deducted from your nominated financial account on the next business day.

(h) Scheduled Payments may be cancelled up until 6:00pm on the prior business day.

(i) If sufficient funds are not available in your nominated financial account at the time of processing a payment, a dishonour fee may be charged by both your financial institution and AGL to cover reasonable administrative and processing costs.

(j) AGL may vary these Scheduled Payment terms and conditions at any time. If we vary these Scheduled Payment terms and conditions, we will provide you with written notice of the change as soon as practicable, which may be after the variation takes effect, and in any event, no later than on your next bill.

(k) AGL reserves the right to, at any time, withdraw this Scheduled Payment product. Contact AGL Customer Service 24/7 on 131 245 for assistance or if you have a dispute about any Scheduled Payment agreement details.