Carbon Neutral Terms

1. Parties

These Carbon Neutral Terms are made between:

a) AGL who provides the Carbon Neutral product to you (in these Carbon Neutral Terms referred to as “we”, “our” or “us”); and
b) You, the customer to whom these Carbon Neutral Terms apply (in these Carbon Neutral Terms referred to as “you” or “your”).

2. Eligibility

2.1 To be eligible for Carbon Neutral, you must be:

a) a Residential Customer or a Small Business Customer; and
b) have a Market Contract or Standard Retail Contract and account with us for the supply of gas and/or electricity to the Premises.

2.2 You are not eligible for Carbon Neutral in relation to your consumption of energy we supply you if you are:

a) a Small Business Customer with more than 10 Premises;
b) a Hot Water Services customer;
c) an unmetered gas or electricity customer;
d) a customer within an Embedded Network; and/or
e) an electricity customer where your Premises is not connected to the national grid (including if your Premises forms part of a Stand-Alone Power System).

3. What is Carbon Neutral?

a) The Carbon Neutral product is an electricity and/or gas product in relation to which AGL acquires and retires offsets that meet the requirements of Climate Active. These offsets are equal to the emissions in relation to the electricity and/or gas delivered to and consumed at your Premises.
b) The Carbon Neutral product is not the sale of energy or the physical connection of your Premises to the Distribution System.
c) The sale of energy for your Premises is:

i) separately governed by your Market Contract or Standard Retail Contract (as applicable to you); and
ii) is not covered by these Carbon Neutral Terms.

d) The physical connection of your Premises to the Distribution System is under a separate customer connection contract with your distributor.

4. No changes to existing terms

a) Your existing Market Contract or Standard Retail Contract terms (as applicable to you) will remain unchanged and will continue to apply to you, regardless of whether these Carbon Neutral Terms commence, change or end.
b) If you have a Market Contract:

i) Carbon Neutral is an "Ancillary Product" as defined under your Market Contract in respect of a Premises; and
ii) these Carbon Neutral Terms are separate to, and do not form part of or change, your Energy Plan and applicable Rates.

c) If you have a Standard Retail Contract:

i) these Carbon Neutral Terms are separate to, and do not form part of or change, your Standard Retail Contract; and
ii) these Carbon Neutral Terms are separate to, and do not form part of or change the prices for the sale of electricity or gas applying to your Standard Retail Contract.

5. When do these Carbon Neutral Terms start?

a) These Carbon Neutral Terms commence on the later of:

i) your Carbon Neutral Start Date; and
ii) the Supply Commencement Date under your Market Contract or the start of your Standard Retail Contract, as applicable to you.

b) On and from commencement, these Carbon Neutral Terms will be in effect at all times for the duration of your Market Contract or Standard Retail Contract (as applicable to you), unless terminated earlier in accordance with clause 11.

6. When do these Carbon Neutral Terms end?

a) These Carbon Neutral Terms will remain unchanged and will continue in effect notwithstanding any changes to, or replacements of, your Contract, or your Energy Plan or any Ancillary Products (other than Carbon Neutral) under your Contract, unless you cease to be eligible under clause 2 (eligibility) or a termination event occurs under clause 11.
b) You may opt-out of Carbon Neutral at any time in accordance with clause 11.1(f).
c) If you move out of a Premises, these Carbon Neutral Terms will terminate. You will need to contact us to opt back in if you would like to receive Carbon Neutral again.

7. Carbon Neutral Charge

7.1 What are our Charges?

a) You must pay us the Carbon Neutral Charge as set out in your Offer or written confirmation of your AGL Standard Retail Contract.
b) This Carbon Neutral Charge is variable and may change at any time with at least 5 Business Days’ prior notice to you. If we vary the Charge, you may cancel your Carbon Neutral product by contacting AGL.
c) The Carbon Neutral Charge is payable by you to us regardless of the actual supply or usage of electricity or gas at a Premises. For example, subject to clauses 11 and 12, this Charge will continue to be payable if you do not consume (or consume low levels of) electricity or gas at a Premises, during periods of disconnection or during an event outside the control of a party.

7.2 Billing

a) You will be billed these Charges in accordance with your Market Contract or Standard Retail Contract, as applicable to you.
b) The Charge for Carbon Neutral will appear as a separate line item on the bill.

7.3 Paying your bill

You must pay your bill in accordance with clause 8 (Billing and payments) of your Market Contract or clause 10 (Paying your bill) of your Standard Retail Contract (as applicable to you), read as though that clause applies to bills which include the Charge for Carbon Neutral.

8. Changes to Charge or Carbon Neutral Terms

a) We may vary the Charges for Carbon Neutral or these Carbon Neutral Terms in our absolute discretion, by at least 5 Business Days' notice to you.
b) If you do not accept any variations notified to you under clause 8(a), you may terminate these Carbon Neutral Terms by calling us within 20 Business Days of your receipt of our variation notice. The variation will be of no effect (unless Regulatory Requirements require it) and these Carbon Neutral Terms will end on the date that you give us notice.
c) We may otherwise vary these Carbon Neutral Terms with immediate effect by notice to you:

i) where required to accommodate any changes in Regulatory Requirements;
ii) to make a change that you have requested or expressly consented to;
iii) to make an administrative or typographical change; or
iv) to make these Carbon Neutral Terms more favourable to you.

d) Any other amendment to these Carbon Neutral Terms (not addressed under clauses 8(a), 8(b) or 8(c)) may only be agreed by you and us in writing.

9. Climate Active Certification

a) We hold Climate Active Certification in respect of our provision of Carbon Neutral. View our Climate Active Certification and Public Disclosure Statements as may be updated from time to time.
b) Our Climate Active Certification and Carbon Neutral product are subject to all Regulatory Requirements from time to time. We will not be liable to you or any third parties for any loss or damage arising from or in connection with:

i) any changes to our Climate Active Certification or Carbon Neutral product, caused or contributed to, by changes to or new Regulatory Requirements;
ii) our Climate Active Certification ceasing or being suspended for any reason; or
iii) any information in connection with our Climate Active Certification or Carbon Neutral product (including the information provided in Public Disclosure Statements or on the Climate Active website), including if that information is inaccurate, incomplete or contains errors.

c) To obtain and maintain our Climate Active Certification, we will acquire and retire eligible carbon offset units from suppliers that meet the requirements of Climate Active's Certification program, in our absolute discretion. You are not able to direct or otherwise require us to allocate funds to any particular suppliers.

10. Our liability

a) To the extent permitted by law, we give no condition, warranty or undertaking, and we make no representation to you, about the condition or suitability of the Carbon Neutral product, its quality, fitness for purpose or safety, other than those set out in these Carbon Neutral Terms.
b) If you have a Market Contract, clause 15 (Our liability) of the General Terms applies to these Carbon Neutral Terms.
c) If you have a Standard Retail Contract:

i) Nothing contained in these Carbon Neutral Terms is intended to exclude, restrict or modify the application of any implied condition or warranty, any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, where to do so would contravene that statute.
ii) To the extent permitted by law our liability for breach of any implied condition, warranty or undertaking is limited to:
(a) providing goods or services equivalent to the Carbon Neutral product provided under these Terms; or
(b) paying you the cost of replacing the Carbon Neutral product provided under these Terms, or acquiring equivalent goods or services.

11. Terminating these Carbon Neutral Terms

11.1 Termination events

These Carbon Neutral Terms have no fixed term and will only terminate on the earliest of:

a) the date you and AGL agree to terminate these Carbon Neutral Terms;
b) subject to clause 6(b), the effective date that your Market Contract or Standard Retail Contract (as applicable to you) ends or is terminated;
c) the effective date of termination under clause 8(b) where you do not accept the notified variations;
d) the date we notify you of immediate termination where:

i) you have consumed an Unreasonably Excessive Amount of Electricity or Gas at the Premises and have failed to reduce that consumption to our reasonable satisfaction within 5 Business Days after the date on which we give you a notice to do so;
ii) in Western Australia, you have vacated a Premises (and the termination will apply to that Premises);
iii) you otherwise cease to meet the eligibility criteria in clause 2; or
iv) AGL's Climate Active Certification is suspended for any reason;

e) the date that AGL's Climate Active Certification is terminated for any reason; or
f) in any other circumstances, 5 Business Days after the date on which notice of termination is given: (i) by us; or (ii) by you calling us or digitally (by logging in to your AGL My Account or the AGL app) removing the Carbon Neutral product from your account, for any reason.

11.2 Consequences of termination

Termination of these Carbon Neutral Terms will not affect:

a) if you have a Market Contract: your Market Contract, Energy Plan or applicable Rates; or
b) if you have a Standard Retail Contract: your Standard Retail Contract or prices for the sale of electricity or gas applying to your Standard Retail Contract; or
c) our or your obligations to pay any amount due at the effective termination date, or any accrued rights or remedies that we or you may have under these Carbon Neutral Terms.

11.3 Survival

Clauses 9(b), 10, 11.2 and 15 survive the termination of these Carbon Neutral Terms.

12. Suspension of Carbon Neutral Terms

Without limiting any of our other rights under your Market Contract or Standard Retail Contract (as applicable to you) and these Carbon Neutral Terms, we may suspend the provision of Carbon Neutral to you for any reason (such as if you are facing hardship and are temporarily unable to pay your bill, or due to a temporary inability of AGL to source offsets of sufficient quality). If AGL suspends the provision of Carbon Neutral to you, this will only be for a reasonably necessary period of time, and in any case no more than one month, by reasonable prior written notice to you. You are not required to pay Charges for Carbon Neutral in respect of the suspension period.

13. Calling us

As at the date of these Carbon Neutral Terms, you may call us on 131 245, which contact number may be updated from time to time by notice to you from us.

14. General

a) If you have a Market Contract, then except as otherwise provided in these Carbon Neutral Terms, your Market Contract terms will remain unchanged and will continue to apply to you, including the privacy, confidentiality, notices, complaints and dispute resolution provisions.
b) If you have a Standard Retail Contract, then the provisions of your Standard Retail Contract relating to privacy, notices, complaints and applicable law will apply to these Carbon Neutral Terms as though incorporated and set out in full in this document.
c) Any reference in these Terms to “Standard Retail Contract” is also taken to be a reference to the Standard Form Contract in Western Australia.

15. Definitions

Terms used in this document have the same meanings as given in your Market Contract or Standard Retail Contract (as applicable to you). In addition:

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of state and territory fair trading legislation.

Carbon Neutral means the product named "Carbon Neutral" as described in clause 3 (a)

Carbon Neutral Start Date means the date:

a) you call us to record your acceptance;
b) you accept digitally using our internet, My Account or AGL app platform for Carbon Neutral;
c) you indicate your acceptance by any other method accepted by AGL; or
d) if you are on a Standard Retail Contract but previously had an existing Market Contract, the date that your Market Contract is replaced by your Standard Retail Contract.

Carbon Neutral Terms means these terms and conditions for the provision of Carbon Neutral in respect of the Premises.

Charge means the amounts payable by you to us for Carbon Neutral as set out in these Carbon Neutral Terms.

Climate Active means the Australian government's Climate Active initiative.

Climate Active Certification means the certification in respect of the Carbon Neutral product in the Climate Active initiative, issued in accordance with the Climate Active Carbon Neutral Standards administered by the Australian government.

Contract means your Market Contract or Standard Retail Contract, as applicable to you.

Distribution System:
(a) has the meaning given in your Market Contract; or
(b) in Western Australia, has the same meaning as "system" in your Standard Form Contract, as applicable to you.

Embedded Network means a Distribution System, connected at a parent connection point to either a Distribution System or transmission system that forms part of the national grid, and which is owned, controlled or operated by a person who is not a network service provider.

Distribution System:
(a) has the meaning given in your Market Contract; or
(b) in Western Australia, has the same meaning as "system" in your Standard Form Contract, as applicable to you.

Hot Water Services mean the heating of water by a central water heating system for provision to customers.

Market Contract means a contract for the sale and Supply of electricity or gas at the Premises with us that is:

a) in all relevant jurisdictions other than Western Australia, not a Standard Retail Contract (as varied from time to time); or
b) in Western Australia, a Non-Standard Contract, which is made up of:

a) the General Terms;
b) the relevant Offer;
c) any applicable Ancillary Product terms and conditions (other than these Carbon Neutral Terms);
d) any schedule applicable to the Premises;
e) the Fee Schedule; and
f) any other document or part thereof incorporated by reference in the General Terms, which contains important information we are required to provide you under the Regulatory Requirements, including our complaints handling and dispute resolution procedure

National Electricity Law means the National Electricity Law set out in the schedule to the National Electricity (South Australia) Act 1996 (SA).

National Energy Retail Law means the law of that name that is applied by each participating State and Territory. For South Australia, the relevant National Energy Retail Law is set out in the schedule to the National Energy Retail Law (South Australia) Act 2011 (SA).

Non-Standard Contract means, in Western Australia, a non-standard contract (as defined under the Energy Coordination ACT 1994 (WA)) with us for the supply of gas to the Premises (as varied from time to time), that is not a Standard Form Contract.

Premises:

a) has the meaning given in your Standard Retail Contract; or
b) has the same meaning as "Supply Address" in your Market Contract, as applicable to you.

Regulatory Requirements means any relevant Commonwealth, State or local government regulation, including all laws, regulations, subordinate legislation, proclamations, Orders in Council, licence conditions, codes, guidelines or standards (including Climate Active Certification, the Climate Active Carbon Neutral Standard or similar standards or requirements) applicable from time to time in the State in which the Premises is located.

Residential Customer:

a) in all relevant jurisdictions other than Western Australia, means a customer who purchases electricity or gas principally for personal, household or domestic use at the Premises; or
b) in Western Australia:

i) if you have a Standard Form Contract, means a Small Use Customer who purchases gas solely for domestic use; or
ii) has the same meaning as "Small Residential Customer" in your Market Contract, as applicable to you.

Small Customer has the meaning given in the National Energy Retail Law or the Victorian Energy Retail Code of Practice, as applicable.

Small Business Customer means a Small Customer or Small Use Customer who is not a Residential Customer.

Standard Form Contract means a non-standard contract approved under the Energy Coordination Act 1994 (WA) for the supply of gas to the Premises (as varied from time to time).

Standard Retail Contract means:

a) a contract for the sale of electricity or gas at the Premises (as varied from time to time) in respect of a standing offer under the National Energy Retail Law or the Victorian Energy Retail Code of Practice; or
b) a Standard Form Contract.

Small Use Customer means, in Western Australia, a person who buys or wants to buy gas from a retailer, whose consumption of gas is less than 1 terajoule a year.

Stand-Alone Power System has the meaning given in the National Electricity Law.

Unreasonably Excessive Amount of Electricity and/or Gas means more than:

a) 25MWh of electricity per year for Residential Customers, or 120MWh of electricity per year for Small Business Customers; and/or
b) 150GJ of gas per year for Residential Customers, or 2.5TJ of gas per year for Small Business Customers.